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Full text of "Report of the attorney general for the year ending .."

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HGNRY F. HARRIS, 
&40 MAIN STREET, 

WORCESTER, MASS- 



HENRY F. HARRIS. 
840 MAIN STREET, 

WORCESTER, MASS. 



PUBLIC DOCUMENT 



. . . . No. 12, 



Commmxtoitlj of iltesatjntsttts. 



REPORT 



ATTORNEY- GENERAL 



Year ending January 20, 1904. 




BOSTON : 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

18 Post Office Square 

1904. 



€ammaniatwli\f af UTassarJjustfis. 



Office of the Attorney-General, 

Boston, Jan. 20, 1904. 
To the Honorable the President of the Senate. 

I have the honor to transmit herewith my report for the 
year ending this day. 



Very respectfully, 



HERBERT PARKER, 

Attorney- General. 



TABLE OF CONTENTS. 



PAGE 

Roster, vii 

Appropriation and Expenditures, viii 

Cases attended to by this Office, ix 

Capital Cases, x 

Payment of Damages for Property taken under Right of Eminent 

Domain, xiii 

Accumulation of Business in the Superior Court, .... xiv 

Sittings of the Superior Court in Berkshire County, xv 

Compensation of Stenographers, xv 

Capital Trials, xv 

Procedure in Cases of Murder in the Second Degree, . . . xvi 

The Bertillon System, xvii 

Commitments to Insane Asylums, xvii 

Examination of Bonds for Faithful Performance of Duty, . . xviii 

Office of Attorney-General, xviii 

Opinions, 1 

Opinions upon Applications to file Informations, .... 66 
Informations at the Relation of the Treasurer, .... 73 
Informations at the Relation of the Commissioner of Corpora- 
tions, 76 

Informations at the Relation of the Civil Service Commissioners, 76 

Informations at the Relation of Private Persons, . . . . 77 

Applications refused and otherwise disposed of, . . . . 77 

Grade Crossings, 78 

Land-damage Cases arising from the Alteration of Grade Cross- 
ings, 93 

Corporate Applications for Dissolution, 94 

Corporations required without Suit to file Tax Returns, . . 97 

Corporations required without Suit to file Certificate of Condition, 100 



vi CONTEXTS. 



PAGE 



Collateral Inheritance Tax Cases, 103 

Public Charitable Trusts, 128 

Suits conducted in Behalf of State Boards and Commissions, . 132 

Metropolitan Park Commission, 132 

Metropolitan Water and Sewerage Board, .... 136 

Massachusetts Highway Commission, 144 

Board of Harbor and Land Commissioners, .... 145 

Miscellaneous Cases from Above Commissions, . . . 145 
Cases arising under the Act limiting the Height of Buildings 

in the Vicinity of the State House, 149 

State Board of Charity, 151 

State Board of Health, ........ 151 

Miscellaneous Cases, 153 

Corporation Tax Collections, 168 

Miscellaneous Collections, 172 

Extradition and Interstate Rendition, 173 

Rules of Practice in Interstate Rendition, 177 



Commmitoattk of ^assac^xaette, 



OFFICE OF THE ATTORNEY-GENERAL, 
Rooms 225 and 226 State House. 



Attorney- General. 
HERBERT PARKER. 



Assistants. 



Ralph A. Stewart. 
Robert G Dodge. 



Arthur W. DeGoosii. 
Frederick H. Nash 



Frederic B. Greenhalge. 



Law Clerk. 
Fred T. Field. 

Chief Clerk. 
Louis H. Freese. 



viii ATTORNEY-GENERAL'S REPORT. [Jan. 1904. 



Statement of Appropriation and Expenditures. 



Appropriation for 1903, 


. $40,000 00 


Expenditures. 




For law library, 


|539 67 


For salaries of assistants, 


. 15,562 50 


For additional legal services, 


3,440 33 


For clerk and stenographers, .... 


. 5,107 88 


For messengers, 


1,890 75 


For office expenses, 


2,652 39 


For court expenses,* 


1,735 65 


Total expenditures, 


. 130,929 17 


Costs collected, 


616 21 


Net expenditure, 


. $30,312 96 



* Of this amount $616.21 has been collected as costs of suits and paid to the 
Treasurer of the Commonwealth. 



Comntaniucaltb of ffiassarfms-dts. 



Office of the Attorney-General, 
Boston, Jan. 20, 1904. 
To the General Court. 

In compliance with Revised Laws, chapter 7, section 8, 
I submit my report for the year ending this day. 

The cases requiring the attention of the office during the 
year, to the number of 1,928, are tabulated below : — 



Bastardy complaints 

Collateral inheritance tax cases, 

Corporate collections made without suit, 
Corporation returns enforced without suit, 
Dissolutions of corporations, voluntary petitions for, 
Extradition and interstate rendition, .... 
Grade crossings, petitions for abolition of, 
Health, State Board of, petitions against, 
Height of buildings, limitation of, cases arising therefrom, 
Informations at the relation of the Civil Service Commissioners, 
Informations at the relation of the Commissioner of Corporations 
Informations at the relation of private persons, 
Informations at the relation of the Treasurer and Receiver-Gen- 
eral 

Indictments for murder, 

Land-damage cases arising through the alteration of grade cross 

™gs, 

Land-damage cases arising from the taking of land by the Harbor 

and Land Commissioners, 

Land-damage cases arising from the taking of land by the Massa 

chusetts Highway Commission, 

Land-damage cases arising from the taking of land by the Metro 

politan Park Commission, 

Land-damage cases arising from the taking of laud by the Metro 

politan Water and Sewerage Board, 

Miscellaneous cases arising from the work of the above-named 

commissions, 

Miscellaneous cases, 

Public charitable trusts, 

Settlement cases for support of insane paupers, 



3 

355 

91 

242 

82 
48 
129 
20 
48 

1 
13 

9 

81 
14 

11 
7 

22 

123 

234 

56 

213 

46 

10 



x ATTORNEY-GENERAL'S REPORT. [Jan. 

Capital Cases. 
Indictments for murder pending at the date of the last 
annual report have been disposed of as follows : — 

Demetrio Bagni of Plymouth, indicted in Plymouth 
County, February, 1902, for the murder of Elizabeth Feri- 
oli, at Plymouth, Oct. 22, 1901. He was arraigned Feb. 
28, 1902, and pleaded not guilty. William H. Osborn and 
John J. Mansfield were assigned by the court as counsel 
for the defendant. In June, 1902, the defendant was tried 
by a jury, before Hardy and Stevens, JJ. The jury failed 
to agree upon a verdict, and on Oct. 5, 1903, this indict- 
ment was placed on file. The case was in charge of Asa P. 
French, district attorney. 

Andreas Samiczki of South wick, indicted in Hampden 
County, September, 1902, for the murder of Anna Samiczki, 
at Southwick, Sept. 14, 1902. He was arraigned Dec. 24, 
1902, and pleaded not guilty. Charles C. Spellman was 
assigned as counsel for the defendant. On Dec. 29, 1903, 
he retracted his former plea, and pleaded guilty of murder 
in the second degree. This plea was accepted by the gov- 
ernment, and on Dec. 29, 1903, the defendant was sentenced 
to State Prison for life. The case was in charge of District 
Attorney John F. Noxon. 

Edward Carter, alias George Edwards, and George 
H. Blake, indicted in Middlesex County, June, 1902, for 
the murder of Thomas Keefe, at Everett, Feb. 20, 1902. 
They were arraigned June 12, 1902, and pleaded not guilty. 
John J. Walsh and Thomas P. Riley were assigned by the 
court as counsel for the defendants. On Oct. 13, 1902, 
the defendants were placed on trial by a jury before Harris 
and Lawton, JJ. The result was a verdict of not guilty for 
Blake and a verdict of murder in the second degree for Car- 
ter. On June 8, 1903, Carter was sentenced to State Prison 
for life. The case was in charge of District Attorney George 
A. Sanderson. 



1904.] PUBLIC DOCUMENT — No. 12. xi 

Indictments for murder, found since the date of the last 
annual report, have been disposed of as follows : — 

Walter Smith of Clinton, indicted in Worcester County, 
May, 1903, for the murder of Thomas Smith, at Clinton, 
April 23, 1903. He was arraigned May 22, 1903, and 
pleaded guilty of murder in the second degree. This plea 
was accepted by the government, and he was thereupon 
sentenced to State Prison for life. David I. Walsh was 
assigned by the court as counsel for the defendant. The 
case was in charge of District Attorney Rockwood Hoar. 

George L. O. Perry, indicted in Middlesex County, 
February, 1903, for the murder of Agnes McPhee, at 
Somerville, Oct. 3, 1902, and Clara A. Morton, at Bel- 
mont, Nov. 1, 1902. The prisoner was not arraigned. He 
died on March 8, 1903. The case was in charge of District 
Attorney George A. Sanderson. 

Nicolo Fiore, indicted in Essex County, January, 1903, 
for the murder of Bennedetto D'Pietro, at Haverhill, Dec. 
3, 1902. On Feb. 2, 1903, he was arraigned, and pleaded 
not guilty. Edmund B. Fuller was assigned by the court 
as counsel for the defendant. At the September sitting, 
1903, of the Superior Court, the defendant was again in- 
dicted for manslaughter. Upon this indictment he pleaded 
guilty, and was sentenced to not less than fourteen nor more 
than seventeen years to State Prison. The indictment for 
murder was placed on file. The case was in charge of Dis- 
trict Attorney W. Scott Peters. 

John Marotta of Boston, indicted in Suffolk County, 
June, 1903, for the murder of Katherine J. Keenan, at Bos- 
ton, April 26, 1903. He was arraigned June 9, 1903, and 
pleaded not guilty. Frank Keezer appeared as counsel for 
the defendant. On Oct. 27, 1903, the defendant was tried 
for manslaughter, and found guilty by the jury. He was 
thereupon sentenced to State Prison for not less than ten 
nor more than thirteen years. The case was in charge of 
District Attorney Oliver Stevens. 



xii ATTORNEY-GENERAL'S REPOKT. [Jan. 

Mary E. Ambler of Rutland, indicted in Worcester 
County, for the murder of her infant child, at Rutland, Jan. 
21, 1903. She was arraigned Aug. 17, 1903, and pleaded 
guilty of murder in the second degree. This plea was 
accepted by the government, and thereupon she was sen- 
tenced to the Reformatory Prison for life. John W. Sheehan 
was assigned by the court as counsel for the defendant. 
The case was in charge of District Attorney Rockwood 
Hoar. 

The following indictments for murder are now pending : — 

Wong Chung and Charlie Chin of Boston, indicted for 
murder in the second degree, in Suffolk County, November, 
1903, for the murder of Wong Yok Chong, at Boston, Oct. 
2, 1903. They w^ere arraigned Nov. 11, 1903, and pleaded 
not guilty. Charles W. Bartlett, Michael J. Creed, Thomas 
J. Barry and Edward T. McGettrick appeared as counsel for 
the defendants. In November, 1903, the defendants were 
tried by a jury before White, J. The result was a verdict 
of guilty upon the indictment. Exceptions were taken, and 
the case is now pending. The case is in charge of District 
Attorney Oliver Stevens. 

George William Herbert, alias Huber, indicted in 
Berkshire County, January, 1903, for the murder of Ger- 
trude Ottillie Bertha Rentall, at Monterey, Sept. 14, 1902. 
He was arraigned July 21, 1903, and pleaded not guilty. 
William Turtle and Charles Giddings were assigned by the 
court as counsel for the defendant. No further action has 
been taken. The case is in charge of District Attorney 
John F. Noxon. 

Rosario Disaxo of Stoughton, indicted in Norfolk County, 
September, 1903, for the murder of Hiram H. Poole, at 
Canton, Aug. 2, 1903. He was arraigned Sept. 11, 1903, 
and pleaded not guilty. James E. Cotter and Frank Keezer 
were assigned by the court as counsel for the defendant. 
No further action has been taken. The case is in charge of 
District Attorney Asa P. French. 



1904.] PUBLIC DOCUMENT — No. 12. xiii 

Selmar Akerson of Quincy, indicted in Norfolk County, 
December, 1903, for the murder of her infant child, at 
Quincy, Sept, 10, 1903. She was arraigned Dec 14, 1903, 
and pleaded not guilty. No further action has been taken. 
The case is in charge of District Attorney Asa P. French. 

Angles Snell, indicted in Bristol County, Novem- 
ber, 1903, for the murder of Tillinghast Kirby. He was 
arraigned Nov. 18, 1903, and pleaded not guilty. Hugo 
A. Dubuque and James P. Doran were assigned by the 
court as counsel for the defendant. No further action has 
been taken. The case is in charge of District Attorney 
James M. Swift. 

John E. Gallagher of Taunton, indicted in Bristol 
County, February, 1900, for the murder of Joseph F. 
McMahon, at Taunton, Nov. 21, 1899. He was arraigned 
April 22, 1903, and pleaded not guilty. Milton Reed and 
Harold F. Hathaway were assigned as counsel for the de- 
fendant. No further action has been taken. The case is 
in charge of District Attorney James M. Swift. 

Payment of Damages for Properties taken under 
Right of Eminent Domain. 
I urge, as of the utmost importance to the interests of the 
Commonwealth and of municipalities as well, the enactment 
of a law authorizing the payment or tender of such sum of 
money in damages as may be considered by the Common- 
wealth or a municipality adequate compensation for property 
taken under the right of eminent domain ; and that petition- 
ers shall recover no interest after such offer, tender or pay- 
ment, except upon such sum in damages as shall, upon final 
award, exceed the amount of such offer, tender or payment. 
By reason of delays, in part caused by the congested state of 
the dockets of the Superior Court, in part because of condi- 
tions inevitable in all litigation, and in part because many 
petitioners are quite content complacently to endure, and to 
encourage, postponement in the settlement of claims which, 
until final adjudication, bear interest constantly accruing at 



xiv ATTORNEY-GENERAL'S REPORT. [Jan. 

a rate which insures an investment of rare excellence, enor- 
mous sums of interest are annually added to the public 
burdens, and the condition must continue unless some change 
be made in the law. Obviously, in almost every such case 
awaiting trial, the only issue to be determined is the amount 
to which the petitioner is rightfully entitled, there being- 
some sum concededly due. The respondent ought not to be 
compelled to pay interest on an admitted liability, imme- 
diate payment of which is suspended only because the 
petitioner claims the amount to be insufficient. The sug- 
gested legislation would be of practical and substantial 
benefit to those persons of small means whose property has 
been taken, who, until payment is made, may be deprived 
of their resources. Such persons would thus be immediately 
provided Avith part, at least, of the amount to which they are 
entitled, without suffering any prejudice to their right to 
recover anj r further damages to which they may be entitled. 
Interest ought never to be recoverable upon any obligations 
except such as are disputed, or upon which payment is post- 
poned by the debtor. 

The Accumulation of Business in the Superior Court. 

It is apparent that the Legislature must consider, and, at 
no distant day, take action upon, some plan to substantially 
relieve the congested condition of business in the Superior 
Court. No improvement in this respect can be reasonably 
expected with the present force of justices. Material benefit 
would result if some of the present duties of the court were 
transferred to other tribunals, or if the jurisdiction of the 
latter were extended. To that end, I renew my former 
recommendation, that exclusive original jurisdiction be con- 
ferred upon the Court of Land Registration upon petitions 
for quieting real estate titles, and upon writs of entry, ade- 
quate provision being made for appeal, upon actual questions 
of fact, to the Superior Court, exceptions and reports upon 
questions of law to be taken directly to the Supreme Judicial 
Court. 

And I invite the very careful consideration of the General 
Court to the question whether it is not advisable and appro- 



1904.] PUBLIC DOCUMENT — No. 12. xv 

priate to confer upon the Probate Court original and exclu- 
sive jurisdiction upon libels for divorce and petitions for the 
annulment of marriage. 

I suggest that good reason exists for relieving the Supe- 
rior Court from the duty of approving the by-laws of towns, 
not only because that court would be so freed from this not 
very onerous burden, but rather because there is doubt, at 
least, as to its constitutional power to exercise a function 
that may be held to be legislative rather than judicial. 

It has come to my knowledge that immediate action 
is required to provide sufficient accommodations for the 
Superior Court in Suffolk County, as the additional ses- 
sions which the present business seems to require cannot, 
under existing conditions, well be attempted, and those 
sessions now required by statute cannot be held with reason- 
able convenience. Business has already accumulated in 
three counties of the Commonwealth to such an extent as to 
threaten, and even present, serious embarrassment and 
delay to litigants, for which little prospect of relief appears, 
and a like condition is becoming imminent in another county. 

Sittings of the Superior Court in Berkshire County. 
I am informed that a change in the sittings of the Superior 
Court for civil business in Berkshire County is deemed 
imperative, and I recommend that the three sittings for civil 
business now provided for be abolished, and in lieu thereof 
there shall be two sittings, one to be held beginning on the 
first Monday in April, and the other on the first Monday of 
October. 

Compensation of Stenographers. 

It appears that the statutory provisions with regard to 
compensation of court stenographers for transcripts of evi- 
dence should be amended and perfected, the provisions now 
obtaining not being consistent, and not ensuring to the 
stenographers in different sessions a uniform compensation. 



xvi ATTOBNEY-GENERAL'S REPORT. [Jan. 

Capital Trials. 

I renew the recommendations heretofore made by me, 
that the statutes be so amended that capital trials may be 
conducted by one or more justices of the Superior Court, 
rather than by two or more, as now required. The reasons 
which seem to me to render this change in the law advisable 
were briefly set forth in my former report. The number of 
justices available for the routine duties of the court ought 
not to be diminished, except for imperative reasons, since 
these duties demand the constant service of every member 
of the court in uninterrupted assignments, which, notwith- 
standing the addition of two justices by the Legislature of 
last year, already appear to be inadequate to expeditiously 
dispose of the cases awaiting trial. The conditions already 
existing, and emphasized by the additional sessions required 
by the act of 1903, and the assured increase in the number 
of cases, make it of the utmost importance to relieve the 
justices of every duty not peremptorily required by the 
proper administration of the law. 

There appears to me no sufficient reason requiring the 
attendance of two justices in a capital case, but the law should 
be so framed as to permit such assignment, if any extra- 
ordinary circumstance demands it. The proposed change 
in the law will in no wise impair any right, or remove any 
just protection, of the accused. 

Procedure in Cases of Murder in the Second Degree. 
Under the provisions of the Revised Laws, codifying and 
simplifying criminal procedure, indictments for murder in 
the second degree may be now found and trial proceed upon 
that charge, without adhering to the ancient common law 
rule which required the degree of murder to be found by the 
jury, and made it necessary to present all indictments for 
murder as of the first degree. By reason of this very wise 
modification of the law, approved by a recent decision of 
the Supreme Court, unnecessary formalities in the trial 
of cases which are not above the second degree are obviated, 
to the great relief of the court, and it is now unnecessary 



1904.] PUBLIC 1 DOCUMENT — No. 12. xvii 

for the prosecuting officers to deal with such homicides as 
capital cases. Murder in the first degree, as determined 
and defined by the action of juries, appears to be a crime of 
infrequent occurrence in this Commonwealth; and, while I 
believe that the law should still recognize murder in the first 
degree as a capital crime, I anticipate that comparatively 
few cases will be so defined in indictments, or require trial 
upon such presentment. 

The Bertillon System. 
1 recommend the extension of the Bertillon system of 
measurement and records to all persons convicted and com- 
mitted on sentences for felony. At present the law requires 
such record and measurement only in cases where the sen- 
tence imposed is for a term of imprisonment of not less than 
three years for felony. The adoption of this recommendation 
would tend, in my judgment, to the better protection of the 
public, and would aid the courts in imposing adequate sen- 
tence. In many cases a criminal remains unidentified, and 
courts and prosecuting officers are ignorant of the fact that 
the defendant has, as is often the case, been previously 
convicted of felony. Such convicts, moving from State to 
State or from county to county, for the purpose of avoiding 
identification, are often dealt with, from lack of full knowl- 
edge, as first offenders, and thus escape exemplary punish- 
ment, which they deserve and which justice requires. 

Commitments to Insane Asylums. 
Believing that persons found not guilty on charges of 
crime, solely by reason of insanity, should be committed 
to the department for the criminal insane at Bridge water, I 
deem it my duty to renew my recommendation to that effect 
submitted in my last report. If an institution is to be main- 
tained for the confinement of the so-called criminal insane, 
it is clear that the class of persons to which I have referred 
should be there committed. Whether there is any moral 
distinction to be made between those unfortunates who are 
of diseased mind, by which some are to be held criminals 
because of acts for which the law holds them irresponsible, 



xviii ATTORNEY-GENERAL'S REPORT. [Jan. 

and others, who have done nothing in violation of the law 
itself, are to be held innocent, I do not presume to decide. 
Such distinction is, nevertheless, made by our law, and in 
sentiment such discrimination certainly exists. Just objec- 
tion may therefore be made by the friends and relatives of 
the unfortunates committed, without a taint of crime, to our 
State hospitals, if the latter are compelled to there live in 
confined association, or in the same institution, with those 
who are looked upon as criminals, but against whom the 
sentence of the law is stayed. I am advised that no pro- 
vision is made at Brid^ewater for the confinement of female 
prisoners committed as criminally insane, it appears that 
such provision should be made. 

Annual Examination of Bonds for the Faithful Per- 
formance of Duty in the Custody of the Treas- 
urer and Receiver-General. 

Section 16 of chapter 18 of the Revised Laws requires 
courts and public officers or boards, whose duty it is to ap- 
prove bonds for the faithful performance of official duties or 
trusts which are in the custody of the Treasurer and Receiver- 
General, annually to examine into the sufficiency of such 
bonds, and report thereon to the Governor and Council. 

Such examination, if made in the manner prescribed and 
with the care and detail requisite to insure the protection of 
the public interests which such bonds are designed to afford, 
must in every instance entail upon the official charged with 
the responsibility of making the examination exacting and 
sometimes protracted investigation, which, in the case of the 
courts, is a duty quite foreign to, and possibly inconsistent 
with, judicial functions, since a question of fact or law on 
such bond might come before such courts for their official 
determination. 

In the case of similar and no less important bonds de- 
posited with the Controller of County Accounts, the duty to 
make such examination is imposed upon that officer, or one 
of his deputies (section 18) ; and I see no reason why the 
bonds in the custody of the Treasurer and Receiver-General 



1904.] PUBLIC DOCUMENT — No. 12. xix 

should not in like manner be examined by him, or under his 
authority, or by or under authority of the Auditor, and I 
therefore recommend legislation to accomplish that result. 

The Office of the Attorney-General. 

The tabulations hereinafter appearing state the number of 
cases pending or acted upon with which this department has 
been concerned. It may be a matter of interest, however, 
to call specific attention to the fact that during the past year 
actual trials have been had and an adjudication reached in 
forty-nine cases involving the assessment of damages for 
property taken by the Commonwealth, of which twelve were 
for property taken by the Metropolitan Park Commission, 
twenty-three by the Metropolitan Water and Sewerage 
Board, one by the Harbor and Land Commission and 
thirteen were for the determination of damages sustained 
by the restriction of the height of buildings in the vicinity 
of the State House. One hundred and sixty-one cases pend- 
ing for the settlement of damages for property taken have 
been settled out of court, — fifty-five for the Metropolitan 
Park Commission, eighty-nine for the Metropolitan Water 
and Sewerage Board, fourteen for damages sustained by 
restriction of the height of buildings in the vicinity of the 
State House and three for the Harbor and Land Commission . 

Annexed to this report are the principal opinions sub- 
mitted during the current year. 

Respectfully submitted, 

HERBERT PARKER, 

Attorney- General. 



OPINIONS. 



Taxation — Real Estate Trust — Valuation of Corporate Fran- 
chise — Deduction of Stock and Bonds. 

Shares of stock in a real estate trust, so called, which represent the rights 
of the beneficiaries in real estate, under a declaration of trust provid- 
ing that no right, title or interest in such real estate shall vest in the 
shareholders, are personal property, and, as such, are not to be de- 
ducted by the Commissioner of Corporations in ascertaining (under 
the provisions of R. L., c. 14, § 38) the valuation of the corporate 
franchise of a corporation owning such shares, for the purpose of 
taxation. 

With the bonds of such trust, however, which are secured by real estate 
owned by the trustees, it is otherwise, and the value of such bonds 
may be deducted from the aggregate value of the shares of the cor- 
poration in determining the taxable value of the franchise. 

Jan. 6, 1903. 
Hon. William D. T. Trefry, Tax Commissioner. 

Dear Sir : — In your letter of November 3 you ask whether, 
in ascertaining the value of a corporate franchise for the purposes 
of taxation, you are required, under R. L., c. 14, § 38, to deduct as 
" real estate subject to local taxation " stocks and bonds of certain 
real estate trusts, so called. 

The stocks are shares representing the rights of beneficiaries 
in real estate, under certain declarations of trust which provide 
that no title, interest or estate in any land is to vest in the share- 
holders, and that the shares are to be and remain as to title per- 
sonal property only. The bonds are mortgage bonds, secured by 
real estate owned by such trustees. The trustees have paid local 
taxes on all the real estate, assessed by the local authorities as of 
May 1, 1902. 

As to both stocks and bonds, it is obvious that, unless they are 
deducted from the value of the corporate franchise, double taxa- 
tion will result. Though not taxable to individuals owning them, 
if they are allowed to enter into the estimated market value of the 
capital stock of the corporation which owns them, they will be 
taxed indirectly, while the real estate which makes them valuable 
has already paid a tax. If the spirit of forbidding double taxation 
were perfectly carried out in the law, these interests would be 
deducted, but there are numerous instances where the spirit has 



2 ATTORNEY-GENERAL'S REPORT. [Jan. 

failed. The Legislature has not provided that a corporation may 
deduct from the value of its franchise all property elsewhere 
taxed, or upon which an unincorporated owner would not be 
required to pay a tax. For example, if a corporation owns stock 
in another domestic corporation, this may not be deducted from 
the value of the former corporation, though to an individual owner 
it would not be taxable. The Legislature has provided merely for 
deduction of real estate and machinery upon which a local tax has 
been paid. Therefore, unless these stocks and bonds are real 
estate, you are not authorized to deduct them. 

First, as to the shares of stock. It may be suggested that, 
since the trust is not a corporation, the shareholders have the 
whole equitable estate in the land, subject to certain restrictions 
contained in the trust agreement, in spite of the provision that 
their interest shall be only personal, this provision being ineffectual 
until the property is actually converted into personalty. Such a 
contention was made in Howe v. Morse, 174 Mass. 491, but the 
court found it unnecessary to pass upon it. If this is sound, then 
it may be that the corporation owning an equitable interest in real 
estate, subject to local taxation to the trustees, should deduct its 
value . 

But while there is no authority upon either side of the question, 
in my opinion the interest of a shareholder is personal property. 
One hundred years ago the question was much discussed whether 
stock in corporations, whose property consisted exclusively of real 
estate, was not an interest in realty. While a few States held it 
to be realty until the doctrine was corrected by legislation (see 
Welles v. Cowles, 2 Conn. 567 ; Copeland v. Copeland, 7 Bush, 
349), the English and most of the American decisions settled down 
upon the other view, only one of them (Johns v. Johns, 1 Ohio 
State, 351) basing it solely upon the ground which is the one point 
of difference between that case and the present, —that the inter- 
ested parties were incorporated. See Russell v. Temple, 3 Dane 
Abr. 108 (Mass. 1798) ; Bligh v. Brent, 2 Y. & C. 268 (1837) ; 
Arnold v. Ruggles, 1 R. I. 165 (1837). See In Re Jones' Estate, 
172 N. Y. 575. 

These leading decisions mention as one ground that the real 
estate is owned not by the members, but by the corporation, which 
is a distinct entity ; and base their conclusion also upon the ground, 
which applies as well to the present situation, that the test must be 
not the nature of the property out of which the dividends come, but 
the nature of the rights which ownership of the stock carries. 
These rights are strictly personal in both cases. The fact that the 
property is owned by a real instead of an artificial person is not, in 



1904.] PUBLIC DOCUMENT — No. 12. 3 

my judgment, an essential distinction. I advise you, therefore, 
that you have no authority to deduct these shares owned by the 
corporation from the value of the corporate franchise. 

The bonds, on the other hand, present a different question. The 
interest of a mortgagee of real estate under a duly recorded mort- 
gage is declared by statute to be real estate for the purposes of 
taxation. If a corporation is mortgagee, it is held that such 
interest must be deducted from the market value of its shares in 
taxing the corporation. Firemen's Insurance Co. v. Common- 
wealth, 137 Mass. 80. From that decision it is a step forward to 
hold that the interest of a holder of bonds secured by a trust mort- 
gage of real estate is real estate ; but this step has been taken by a 
divided court in construing the statute exempting " any loan on 
mortgage of real estate taxable as real estate" (R. L., c. 12, § 4, 
cl. 2) from taxation as personal property. Knight v. Boston, 159 
Mass. 551. In view of these decisions, it is my opinion that you 
should deduct the value of these bonds from the aggregate value of 
the shares of the corporation. 
Very truly yours, 

Herbert Parker, Attorney- General. 



House of Representatives — Order requiring Institution of Sx>ecific 
Proceedings — Attorney- General. 

The House of Representatives has no authority to require that the Attorney- 
General forthwith appear before some justice of the Supreme Judicial 
Court for the purpose of obtaining from the court an order restraining 
the stockholders of a gas company from taking action to increase its 
capital stock, or to require him to institute specific proceedings of 
any character. 

Jan. 8, 1903. 

Hon. James J. Myers, Speaker of the House of Bepresentatives. 

Sir : — In response to the order issued by the Honorable House 
of Representatives, purporting to require the Attorney-General 
forthwith to appear before some justice of the Supreme Judicial 
Court for an order restraining the Massachusetts Gas Company and 
its shareholders from increasing its shares of stock, and for such 
further or other relief in the premises as to said court shall seem 
meet, which order is in the form following : — 

Ordered, That the Attorney-General forthwith appear before some 
justice of the Supreme Judicial Court for an order restraining such asso- 
ciation, the Massachusetts Gas Companies, or its shareholders, from 
taking any such action as is contemplated in the above notice to share- 
holders, and for such further or other relief in the premises as to said 



4 ATTORNEY-GENERAL'S REPORT. [Jan. 

court shall seem meet. And the clerk of this House is hereby directed 
to immediately notify the Attorney-General's office of the passage of this 
order, — 

I submit, for the consideration of that Honorable Body, the follow- 
ing suggestions : — 

The Honorable House of Representatives is doubtless aware that 
it has no authority to fix a limit of time within which the Attorney- 
General shall discharge the duties of his office. 

The House of Representatives has no power to compel action by 
the Attorney-General, as prescribed by the terms of the order. 
Chapter 7 of the Revised Laws defines the duties of the Attorney- 
General, providing that he shall, when required by either branch 
of the General Court, attend during its sessions and give his aid 
and advice in the arrangement and preparation of legislative 
documents and business, and shall give his opinion upon questions 
of law submitted to him by the Governor and Council or by either 
branch of the General Court ; and it is further provided that he 
shall appear for the Commonwealth in all suits and other civil pro- 
ceedings in which the Commonwealth is a party or interested, or in 
which the official acts and doings of its officers are called in 
question, in all courts of the Commonwealth, and in such suits and 
proceedings before any other tribunal, when requested by the 
Governor or by the General Court or by either branch thereof. 

No authority is conferred upon the General Court, or either of 
its branches, to order the Attorney-General to institute specific 
proceedings of any character. Should the Legislature pass a 
statute absolutely requiring the Attorney-General to institute a 
definite action, such statute would be unconstitutional, as in con- 
flict with Article XXX. of the Declaration of Rights of the Massa- 
chusetts Constitution, which provides that in the government of 
this Commonwealth the legislative department shall never exercise 
the executive and judicial powers, or either of them. 

The deference that I owe to the source of the order addressed 
to me leads me to state more fully the considerations upon which 
my conclusions are based. 

The form and tenor of the communication from the House of 
Representatives compels me to remind that honorable body that its 
constitutional powers and functions are legislative, not executive, 
and that the limitations of these respective jurisdictions must be 
inviolately preserved and maintained. The law of this Common- 
wealth has imposed upon the Attorney-General responsible execu- 
tive duty and, authority, which he can delegate to no other officer 
or department of the government; and, on the other hand, no 



1904.] PUBLIC DOCUMENT — No. 12. 5 

other department established by our constitutional law has power 
to assume the exercise of functions committed by the people to 
his charge, or power to direct or command him to act upon the 
dictation of any other influence than that of his own concep- 
tion of his duty under the law, to which alone he owes official 
obedience. He can evade no responsibility in the discharge of 
his duties by yielding to the assumed authority of any other officer 
or servant of the State. He can find justification for his con- 
duct in office by no plea that he has surrendered his discretion 
or authority to any other official power whatsoever. That the 
people may know upon whom to charge a failure in the perform- 
ance of public dut} T , each officer must stand responsible for his 
every act within the field of the jurisdiction committed to his charge 
and care. 

The communication of the Honorable House of Representatives 
fails to recognize the elemental principles of the constitutional law 
of the Commonwealth. Its action, as indicated by this communi- 
cation, is based upon no lawful authority vested in it. I am, 
therefore, compelled to respectfully advise the Honorable House 
of Representatives that I cannot act in obedience to the specific 
command transmitted to me. 

It would seem, from the communication addressed to me, that 
the Honorable House of Representatives is of opinion that facts 
and conditions exist requiring immediate action in behalf of the 
Commonwealth. If this be true, I regret that the House of Rep- 
resentatives has not followed the course prescribed by the law in 
such event, and communicated to me the evidence of such facts 
and conditions, in order that I might, within the field of my official 
duty, have given that consideration to the issues which their 
apparent importance might require, and have advised the Hon- 
orable House of Representatives, if it so required, in accordance 
with my duty in that regard, whether any or what action ought to 
have been, or ought now to be, taken in the premises, or to have 
taken such action upon my own initiative as investigation of the 
facts and evidence submitted to me might have warranted or 
justified. 

Very truly yours, 

Herbert Parker, Attorney-General. 



ATTORNEY-GENERAL'S REPORT. [Jan. 



Soldiers 1 Aid — Widow or Dependent Relative of Veteran — Effect 
of Criminal or Wilful Misconduct. 

The provision in R. L , c. 79, § 18, excepting from the benefits of " soldiers* 
aid " a person, otherwise eligible, who has become poor and unable to 
support himself by reason of his own criminal or wilful misconduct, is 
limited in application to veterans; and, in the case of the widow or 
other dependent relative of a soldier who was himself entitled to re- 
ceive such aid, the fact that poverty was the result of insanity, caused 
by intemperance, is not material. 

Jan. 13, 1903. 
J. F. Lewis, M.D., Superintendent, State Adult Poor. 

Dear Sir: — You require my opinion upon the question of the 
right of an inmate of the Worcester Insane Hospital to receive 
" soldiers' aid," under the provisions of R. L., c. 79, § 18. 

It appears that the inmate in question is the widow of a soldier 
who had a settlement in the city of Boston, and who served in the 
army of the United States during the war of the rebellion and 
received an honorable discharge from all enlistments therein ; and 
it is alleged that she is in need of the assistance afforded by the 
statute by reason of insanity, caused by intemperance. 

R. L., c. 79, § 18, provides in part that k ' if a person who served 
in the army or navy of the United States in the war of the rebel- 
lion and received an honorable discharge from all enlistments 
therein, and who has a legal settlement in a city or town in the 
commonwealth, becomes, from any cause except his own criminal 
or wilful misconduct, poor and entirely or partially unable to pro- 
vide maintenance for himself, his wife and minor children under 
the age of sixteen years, or for a dependent father or mother ; or 
if such person dies leaving a widow or such minor children or a 
dependent father or mother without proper means of support, he 
or they shall receive such support as may be necessary by the city 
or town in which they or either of them have a legal settlement." 

The Commissioner of Soldiers' Relief for the city of Boston has 
raised the question whether the exclusion from the benefits of the 
statute of a soldier who has become poor and entirely or partially 
unable to provide maintenance for himself and his family through 
his own criminal or wilful misconduct, may be extended to the 
following provision with regard to the widow or minor children or 
the other dependent relatives named of a soldier who was himself 
within the qualifications of the statute. 

It is admitted that there was no express exception in the case 
of the widow or other dependents named in the statute ; but it is 
contended that it is the spirit of the law that its benefits should 
not be extended to persons who become poor by reason of their 
own criminal or wilful misconduct. 



1904.] PUBLIC DOCUMENT — No. 12. 7 

While there is much force in this contention, I am of opinion 
that the exception referred to in the case of the soldier himself 
should not be construed to include his widow, minor children or 
dependent father or mother. The purpose of the act was un- 
doubtedly to insure the proper maintenance of worthy veterans 
and their families, and the aid to be furnished to the widow or 
other relatives of the soldier himself was in the nature of a reward 
to him, and an assurance that those dependent upon him should be 
provided for ; and this ought not to be held contingent upon their 
conduct, especially since it might be a perplexing and difficult 
problem to determine whether the insanity was due wholly to 
wilful fault, or to misfortune. 

It seems more consistent with the true intent of the act to hold 
that the provision excepting a soldier reduced to poverty by his 
own wilful or criminal conduct from the benefit of the statute does 
not extend to the widow or other dependent relatives of a worthy 
veteran ; and that the alleged fact that the person in question 
became insane through intemperance is not material. 
Very truly yours, 

Herbert Parker, Attorney-General. 



Civil Service — Chief Superintendent — Officers appointed by the 
Board of Public Works in the City of Woburn. 

Under the provisions of St. 1897, c. 172, amending the charter of the city 
of Woburn, and creating in section 32 a board of public works, whose 
affairs are divided into four administrative bureaus, namely, sewers, 
highways, water and water supply, and public buildings and grounds, 
officers appointed by such board and designated respectively superin- 
tendent of sewers, superintendent of highways, superintendent of 
water, and superintendent of public buildings and grounds, are not 
" chief superintendents of departments," within the exemption in 
Rule VII., Schedule B, Class 12, of the civil service rules, and must be 
appointed in accordance with such rules. 

Jan. 28, 1903. 

Hon. Charles T. Russell, Chairman, Civil Service Commission. 

Dear Sir : — You have requested my opinion upon the follow- 
ing facts. St. 1897, c. 172, amended the city charter of Woburn, 
and authorized, in section 32, the establishment of a board of public 
works, to consist of the mayor and four other persons. Section 34 
provides that the four members in addition and the mayor shall be 
elected one in each year, to serve for a term of four years. Section 
35 provides as follows : — 

The affairs of said department of public works shall be divided by the 
board between four administrative bureaus, as follows: — 



8 ATTORNEY-GENERAL'S REPORT. [Jan. 

First. — A bureau of sewers, the chief officer of which shall be known 
as the commissioner of sewers. 

Second. — A bureau of highways, the chief officer of which shall be 
known as the commissioner of streets. 

Third. — A bureau of water and water supply, the chief officer of 
which shall be known as the commissioner of water and water supply. 

Fourth. — A bureau of public buildings and grounds, the chief officer 
of which shall be known as the commissioner of public buildings and 
grounds. 

The said four commissioners shall receive an annual salary of two 
hundred and fifty dollars each. The duties of the several bureaus shall 
be such as may be referred thereto from time to time by the board of 
public works ; the mayor shall designate each member of said board as 
commissioner of one of said bureaus, who shall discharge the duties 
thereof under the direction of the board and the supervision of the 
mayor. In case of a vacancy in the office of the chief of any of said 
bureaus, or of the absence or disability of any of them, the mayor may 
assign the duties of such bureau, during such vacancy, absence or disa- 
bility, to any other member of the board, who shall thereupon assume 
the duties thereof. The mayor may transfer any member of the board 
from the administration of the duties of one bureau to those of another. 

Under the provisions of this section, the mayor of Woburn has 
designated the four members of the board of public works, elected 
as commissioners of sewers, streets, water and water supply, and 
public buildings and grounds, respectively. 

It is further stated that the board of public works of Woburn, 
without requisition upon or certification from the Civil Service 
Commissioners, has appointed the following officers : the superin- 
tendent of sewers, at a salary of 8600 ; the superintendent of 
highways, at a salary of $1,000 ; the superintendent of water, at a 
salary of $1,100; and a superintendent of public buildings and 
grounds, whose salary is not stated ; and it is contended that these 
officers are exempt from the operation of the civil service rules, as 
being chief superintendents, within the exception provided by Civil 
Service Rule VII., Schedule B, Class 12, which is as follows : — 

Superintendents, assistant superintendents, deputies and persons, other 
than the chief superintendents of departments, performing any of the 
duties of a superintendent in the service of any city of the Common- 
weal tli. 

It is now well established that a chief superintendent must be an 
officer acting under a distinct department of the city government, 
who is authorized to act for and represent that department through- 
out the whole of its jurisdiction. See Attorney-General v. Trehey, 
178 Mass. 186. Attorney- General's Report, 1901, p. 31. At- 
torney -General' s Report, 1902, p. 25. 



1904.] PUBLIC DOCUMENT — No. 12. 9 

I am of opinion that, under this construction, no one of the 
specified appointments of officers by the board of public works is 
exempt from the operation of the civil service rules, and that such 
appointments were in violation of the provisions of law relating to 
the civil service and the rules established thereunder by your com- 
mission. 

Very truly yours, 

Herbert Parker, Attorney -General. 



Militia — Governor — Transfer of Company of Militia from One 
City or Town to Another. 

The Governor, as Commander-in-Chief of the volunteer militia of the 
Commonwealth, has no authority to order the transfer of a company 
of militia from the city or town where such company is lawfully 
established and located to some other city or town. 

Feb. 18, 1903. 
To His Excellency John L. Bates, Governor. 

Sir: — Your Excellency has required my opinion whether the 
Governor, as Commander-in-Chief of the militia, has authority to 
transfer a company of the militia established and lawfully located 
in one city or town to another. 

The general authority of the Commander-in-Chief is to be found 
in P. L., c. 16, §§ 24 and 25, which are as follows : — 

Section 24. The commander-in-chief shall arrange the infantry, 
artillery and cavalry into regiments, battalions, and, when necessary, 
into unattached companies, and into not more than two brigades. There 
shall not be more than six regiments of infantry, one regiment or more 
of which, at the discretion of the governor, may be changed to heavy 
artillery and uniformed and instructed as such. 

Section 25. Petitions for organizing volunteer companies, accom- 
panied by the approval of the mayor and aldermen of cities or the 
selectmen of towns in which a majority of the petitioners reside, may be 
granted by the commander-in-chief, due regard being had to a proper 
distribution of the force throughout the commonwealth ; but no new 
company shall be organized except as provided in section eleven, if 
thereby the whole number of companies shall exceed the number estab- 
lished in this chapter. 

Section 33 provides that the Commander-in-Chief may disband 
any company of the volunteer militia falling below the required 
standard of efficiency. 

Assuming the company now under consideration to have been 
regularly organized and established, upon petitions of persons as 
prescribed in section 25 above quoted, in the city or town within 
which it is now quartered, and that it is maintained in accordance 



10 ATTORNEY-GENERAL'S REPORT. [Jan. 

with the required standards of efficiency, I am of opinion that the 
Commander-in-Chief is not authorized to transfer, by his own 
order, such company to another city or town. It is evident, I 
think, that the militia law of this Commonwealth looks to an 
organization local in its nature, the company units of which are 
established at the desire of the inhabitants of any city or town, 
and are to consist in large part of such inhabitants. In other 
words, it appears to be the intention of the law that the company 
shall be composed of persons resident in or near the town where it 
is quartered, such conditions manifestly tending to maintain inter- 
est and activity in the service. In a lesser degree the same idea 
prevails with regard to the larger divisions of the service. To 
transfer a company from one city or town to another, by the 
order of the Commander-in-Chief, would be contrary to the evident 
theory of the militia law, because necessarily it would remove 
the place of service of the members so transferred to a locality 
more or less distant from their homes, and thereby either interfere 
with the efficiency of the company or at least add greatly to 
the burden of the service. Such transfer by the Commander-in- 
Chief, if he had the power, might be without a petition by the 
inhabitants of the city or town to which the company should be 
transferred, since petitions for the location of militia companies 
are required only for the organization of new companies. 

Such transfers by the Commander-in-Chief might further result 
in the imposition of serious burdens upon the city or town to 
which such transfer was made, and this even against the wishes of 
the citizens thereof, the law requiring the city or town in which a 
company is located to maintain, at its own expense, a suitable 
armory and suitable places for parade, drill and target practice. 
See R. L., c. 16, § 105. 

The question Your Excellency submits to me is not entirely free 
from difficulty. A strained construction of the sections of the 
statute above referred to might confer this power of transfer or 
removal upon the Commander-in-Chief ; but I am of opinion that 
the law should be construed strictly, and that, in the absence of 
direct and specific authority conferred upon the Commander-in- 
Chief, it is more consonant with the spirit and intent of the law 
as it exists to hold that such transfer, as suggested by Your 
Excellency's inquiry, does not lie within the express power of the 
Commander-in-Chief. 

The provisions of section 115 of said chapter, relating to the 
location of an armory by a majority of the. members of a company 
formed from different places, which location shall be subject to 
the approval of the Adjutant-General, further confirm this view, 



1904.] PUBLIC DOCUMENT — No. 12. 11 

as fixing the location of militia companies upon considerations 
other than those of the order of the Commander-in-Chief. 

I am, therefore, of opinion that authority to take such action is 
not vested in the Commander-in-Chief. 
I am, with very great respect, 
Very truly yours, 

Herbert Parker, Attorney -General. 



Extradition — Fugitive from Justice — Sworn Evidence — Cer- 
tification of Officer taking Oath. 

Under the provisions of R. L., c. 217, § 11, requiring that, in the case of 
a demand upon the Executive of this Commonwealth for the surrender 
of a person charged with crime committed within the limits of the 
demanding State, such demand shall be accompanied by sworn evi- 
dence that the person charged is a fugitive from justice, an allegation 
in the petition of the principal complaining witness to the Executive 
issuing the demand, stating that the person sought to be extradited 
is a fugitive from justice, and sworn to before one signing himself, 
" J R , pro clerk of the court of quarter sessions," such state- 
ment not being authenticated by the Executive, and there being no 

evidence that R was authorized to administer oaths, is not " sworn 

evidence," within the meaning of the statute, and the Governor may 
not lawfully comply with such demand. 

Feb 20, 1903. 

His Excellency John L. Bates, Governor. 

Sir : — I have the honor to report that, in the matter of the 
requisition of the Executive of the Commonwealth of Pennsylvania 
upon Your Excellency for the arrest and extradition of Thomas 
H. Cummings, an alleged fugitive from justice, charged in Penn- 
sylvania with the crime of false pretences, counsel representing 
both the alleged fugitive and the agent of the State of Pennsylvania 
have been given full opportunity to be heard ; and after such 
hearing, and after careful consideration of the papers accompany- 
ing the requisition, I am constrained to advise Your Excellency 
that you may not legally comply with the demand of the Governor 
of Pennsylvania. 

Revised Statutes of the United States, § 5278, makes it the 
duty of the Executive of a State upon whom a demand is made 
for the extradition of an alleged fugitive from justice to surrender 
such fugitive, provided it appears that the papers accompanying 
the requisition contain (1) a demand of the Executive of the 
State from which the fugitive has fled ; (2) a copy of an indict- 
ment found or an affidavit made before a magistrate, charging the 
fugitive with having committed the crime ; and (3) the certification 
of such indictment or complaint by the Executive. 



12 ATTORNEY-GENERAL'S REPORT. [Jan. 

The constitutional provision for extradition, however, relates 
only to persons who are fugitives from justice ; and the duty to 
surrender a person demanded does not arise unless it appears that 
he is, as a matter of fact, a fugitive from justice. Upon this point 
the decision in general rests with the Executive of the State upon 
which the demand is made, as a question of fact, to be decided 
upon such evidence as he may deem satisfactory. See Roberts v. 
Riley, 116 U. S. 80 ; Ex parte Reggel, 114 U. S. 642. No method 
of proof of this fact is prescribed either by the Constitution or by 
the Statutes of the United States ; but in this Commonwealth the 
Legislature has provided that this material fact shall be established 
by sworn evidence that the person is a fugitive from justice (R. L., 
c. 217, § 11), and the Governor of this Commonwealth is not 
authorized to issue his warrant unless such evidence is submitted 
to him. 

In the application of the Governor of Pennsylvania for the sur- 
render of Thomas H. Cummings, the only allegation that the 
person demanded is, in fact, a fugitive from justice, is contained 
in the petition of one Florence S. Zimmerman to the Governor, 
asking that a requisition be issued. That petition sets forth that 
Thomas H. Cummings was in the county of Philadelphia and State 
of Pennsylvania at the time of the commission of the offence 
charged ; that before arrest could be made he fled from the State 
of Pennsylvania ; that he is now in the county of Suffolk in this 
Commonwealth, and is a fugitive from the justice of Pennsylvania. 
This statement purports to be sworn to before John L. Reiser, 
" Pro clerk of the Court of Quarter Sessions," and the seal of that 
court is annexed to the affidavit. There is no other evidence in 
the papers that said Cummings is in fact a fugitive from justice, 
except such inferences as may be drawn from the certification by 
the district attorney of Philadelphia County, which is substantially 
in accordance with the rules for interstate rendition. This certifi- 
cation is not sworn to, and allegations contained in it, so far as 
they may be construed to be allegations that Cummings is a fugi- 
tive from justice, are conclusions of law, and not sworn evidence 
of fact, as required by the laws of this Commonwealth. 

There appears to be no evidence disclosed by the record that the 
person before whom Florence S. Zimmerman made oath to the 
truth of the statements contained in her petition was, by reason of 
any official position, authorized to administer oaths. A defect in 
setting forth the authority of the person before whom such oath 
is taken would ordinarily be cured by the certification of the 
Executive of the demanding State, which is generally comprehen- 
sive enough to include not only a copy of the indictment or com- 



1904.] PUBLIC DOCUMENT — No. 12. 13 

plaint, as required by the United States Statute, but also the 
papers accompanying it. But in this instance it is only the copy 
of the indictment which the Governor of Pennsylvania certifies to 
be authentic and duly authenticated in accordance with the laws of 
Pennsylvania. This being so, and there being no evidence upon 
the record that John L. Reiser was authorized under the laws of 
Pennsylvania to administer oaths, I am of opinion that this paper 
is not sworn evidence, within the meaning of R. L., c. 217, § 11, 
and that, in the absence of such sworn evidence, Your Excellency 
cannot lawfully comply with the demand of the Executive of 
Pennsylvania for the extradition of the said Thomas H. 
Cummings. 

I am, with great respect, 

Very truly yours, 

Herbert Parker, Attorney- General. 



City or Toivn — Grant of Franchise for Use of Streets — Com- 
pensation. 

In the absence of specific Legislative authority therefor, a city or town 
has no power to demand compensation for the grant of a franchise for 
a special use or easement in the streets or ways of such city or town. 

March 4, 1903. 
His Excellency John L. Bates, Governor. 

Sir : — Your Excellency requires my opinion upon the question 
" whether or not towns have any rights in highways, for which 
they can charge for the use thereof ; that is, whether or not they 
could give any one special rights, for compensation, in a high- 
way." I conceive the purport of Your Excellency's inquiry to be 
whether a municipality has any right to demand and receive com- 
pensation for a franchise granted by such municipality for a 
special use or easement in the streets or ways of the same. 

I am of opinion that no such right exists at common law, 
and can obtain, if at all, only where it has been specially delegated 
to a town or city by authority and grant of the Legislature. It is 
clear that public streets and ways, as such, belong to the whole 
public, represented by the Commonwealth. If local boards of 
aldermen or selectmen should assume to make grants of special 
rights to the use of such streets and ways, they could do so only as 
agents of the general public, since no such power could be dele- 
gated to them by the municipality, for the municipality would have 
neither jurisdiction nor authority in the premises. 

Authority to impose restrictions or obligations upon corporations 
or individuals to which franchises in public ways were to be granted 



14 ATTORNEY-GENERAL'S REPORT. [Jan. 

must, as I have suggested, be conferred by special statutory 
authority. No such general authority now exists by virtue of 
which a municipality can make such grants for compensation to it, 
or impose specific local restrictions or obligations upon such use. 

It has heretofore been held, in an opinion by one of my prede- 
cessors, dated May 25, 1900, that local municipal authorities " had 
no right to bargain and sell street railway franchises, nor to make 
terms with street railway companies which should accrue to the 
financial benefit of the cities and towns in which the locations 
were given. They could not make a binding contract either for a 
time limit of the franchise or for the payment of any revenue, 
directly or indirectly, to the Commonwealth or to a city or town." 
Attorney- General* s Report, 1900, p. 58. 

1 do not cite judicial authority expressed in a series of opinions 
of courts of last appeal in support of the views I express, doubting 
whether Your Excellency will deem it necessary to examine them. 

For the reasons I have briefly stated, I have the honor to advise 
Your Excellency that in my opinion your inquiry should be 
answered in the negative. 

I am, with great respect, 

Very truly yours, 

Herbert Parker, Attorney: General. 



Soldiers' Aid — Criminal or Wilful Misconduct of Veteran — 
Wife or Widow and Dependent Relatives. 

K. L., c. 79, § 18, is not applicable to a soldier who, by reason of his own 
criminal or wilful misconduct, has become poor and wholly or par- 
tially unable to support himself; and, although such soldier may in 
other respects be eligible under the statute, neither he nor his family 
are entitled to the aid therein provided. 

March 13, 1903. 

Charles W. Hastings, Esq. , Commissioner of State Aid and Pensions. 

Dear Sir : — You ask my opinion upon the construction of the 
first eleven lines of R. L., c. 79, § 18, the specific questions being 
as follows : — 

"1. If a soldier debarred by criminal or wilful misconduct 
from the receipt of soldiers' relief is living with his family, which 
is otherwise eligible, will his unworthiness bar it also from relief in 
which he does not share? 

"2. If a soldier debarred as above is living away from his 
family, and not contributing to its support, will the family also be 
debarred ? " 

The first eleven lines of the section above referred to are as 
follows : — 



1904.] PUBLIC DOCUMENT — No. 12. 15 

If a person who served in the army or navy of the United States in 
the war of the rebellion and received an honorable discharge from all 
enlistments therein, and who has a legal settlement in a city or town in 
the commonwealth, becomes, from any cause except his own criminal 
or wilful misconduct, poor and entirely or partially unable to provide 
maintenance for himself, his wife and minor children under the age of 
sixteen j^ears, or for a dependent father or mother ; or if such person 
dies leaving a widow or such minor children or a dependent father or 
mother without proper means of support, he or they shall receive such 
support as may be necessary by the city or town in which they or either 
of them have a legal settlement. 

It is clearly the intention of the section above quoted that the 
aid to be furnished to a person who has served in the army or navy 
of the United States in the war of the rebellion and has received 
an honorable discharge from all enlistments therein shall be condi- 
tioned upon his worthiness to receive it; and, if he has become 
poor and entirely or partially unable to provide for himself and 
his family by reason of his own criminal or wilful misconduct, he 
fails to bring himself within its terms, and is excluded from all 
the benefits conferred by it. The right of the family of a soldier 
or sailor in the war of the rebellion to receive aid under this 
section exists only when such soldier or sailor is in all respects 
eligible to receive such aid ; and it must follow that where a per- 
son, otherwise eligible, is debarred by his own criminal or wilful 
misconduct from the relief provided, his family is also debarred 
from such relief, and this is true whether the person so debarred 
resides with his family or apart from it. 

I am therefore of the opinion that both the questions submitted 
must be answered in the affirmative. 
Very truly yours, 

Herbert Parker, Attorney- General. 



Constitutional Law — Legislature — Insurance— Cities and Towns 
as Insurers against Fire. 

The Legislature may not constitutionally authorize cities and towns to 

establish fire insurance departments, and to act as insurers against fire 

of all insurable property within their limits. It follows, therefore, 

that House Bill No. 386, entitled "an act to authorize cities to insure 

property against loss by fire," would, if enacted, be unconstitutional 

and void. 

March 27, 1903. 

Hon. James J. Myers, Speaker of the House of Bepresentatives. 

Sir : — I have the honor to acknowledge receipt of copy of an 

order of the Legislature under date of March 23, 1903, of the 

tenor following : — 



16 ATTORXEY-GEXERAL'S REPORT. [Jan. 

That the Attorney-General be requested to inform the General Court 
whether, in his opinion, the General Court has authority under the Con- 
stitution of the Commonwealth to authorize cities and towns to establish 
fire insurance departments and to act as insurers against tire of all in- 
surable property situated within their limits ; and especially to inform 
the General Court whether, in his opinion, the provisions of House Bill 
No. 386, now pending, being " An Act to authorize cities to insure prop- 
erty against loss by fire, ,, would, if enacted, be constitutional. 

I am clearly of opinion that I must advise the Honorable Senate 
and House of Representatives that the General Court has no 
authority under the Constitution of the Commonwealth to author- 
ize cities and towns to establish fire insurance departments, and 
to act as insurers against fire of all insurable property situate 
within their limits. My answer to the first inquiry must therefore 
be in the negative. 

Upon the further inquiry of the Honorable Senate and House of 
Representatives above stated, I am as clearly of opinion that, were 
the bill cited to become enacted, it would be, in my opinion, in- 
operative and void, because unconstitutional. The questions pre- 
sented appear to me to fall plainly within the field of adjudication 
and opinion of the Supreme Judicial Court of this Commonwealth, 
so that I do not deem it necessary at great length to set forth the 
reasons for holding the opinions which I submit, nor to support 
them by a multitude of citations of established judicial authority. 
I call the attention of the Legislature to the recent opinion of the 
justices of the Supreme Judicial Court, transmitted to the House 
of Representatives in reply to its order of Jan. 14, 1903. The 
reasoning of that opinion and the grounds upon which it is based 
conclusively fix the limitations upon legislation within such fields 
as are opened by the inquiries and the proposed bill transmitted 
to me for examination. 

Very truly yours, 

Herbert Parker, Attorney- General. 



Bail roads — Foreign Corporation — Purchase of Stock of Do- 
mestic Street Railway Company. 

A railroad incorporated under the laws of another State, carrying on busi- 
ness as a railroad within the Commonwealth, and authorized by its 
charter to invest in the stock of street railways wherever situated, 
even to the extent of a controlling interest therein, is not prohibited 
by the laws of this Commonwealth from acquiring the securities and 
assuming the ownership of domestic street railway corporations. 

A railroad holding a charter from a foreign State, permitting the acqui- 
sition of stock in street railway companies, and also incorporated 



1904.] PUBLIC DOCUMENT — No. 12. 17 

under the laws of this Commonwealth, would not have authority, in 
the absence of special legislative permission, to purchase the stock of 
street railway companies incorporated in this Commonwealth, such 
purchase, in the case of domestic corporations, being forbidden by 
R. L.,c. Ill, §77. 

April 6, 1903. 
Hon. John P. Munroe, Chairman, Committee on Bailroads and Street 

Bailways. 

Dear Sir : — The committee on railroads and street railways 
requests my opinion upon the following question : — 

"First. — Has any railroad incorporated in another state, and 
doing business as such railroad within this State, which has a right 
under the charter of the foreign State to invest in the securities 
of street railways wherever existing, the right under the laws of 
this Commonwealth, to invest in the securities and assume owner- 
ship of street railways incorporated in this Commonwealth ? " 

I assume that the foreign charter referred to is broad enough in 
terms to give the foreign railroad corporation power to purchase or 
subscribe for stock of our domestic street railways, even to the 
extent of a controlling ownership therein. 

The right of foreign corporations in general to own stock in 
Massachusetts street railway companies is recognized by R. L., 
c. 126, § 11: — 

If a foreign corporation which owns or controls a majority of the 
capital stock of a domestic street railway, gas light or electric light cor- 
poration issues stock, bonds or other evidences of indebtedness based 
upon or secured by the property, franchise or stock of such domestic 
corporation, unless such issue is authorized by the law of this common- 
wealth, the supreme judicial court shall have jurisdiction in equity in its 
discretion to dissolve such domestic corporation. If it appears to the 
attorney-general that such issue has been made, he shall institute pro- 
ceedings for such dissolution and for the proper disposition of the assets 
of such corporation. The provisions of this section shall not affect the 
right of foreign corporations, their officers or agents, to issue stocks and 
bonds in fulfilment of contracts existing on the fourteenth day of July in 
the year eighteen hundred and ninety-four. 

There is no provision of our law forbidding such ownership by a 
foreign railroad corporation. But I do not consider under what 
circumstances such control might lead to a violation of the Sherman 
act (26 U. S. Sts. at Large, 209), such inquiry not being germane to 
the question addressed to me. 

The committee further requests my opinion upon a second 
question : — 

u Would such railroad, so incorporated and also incorporated in 
this Commonwealth, have such authority to purchase the securities 



18 ATTORNEY-GENERAL'S REPORT. [Jan. 

of such street railways, unless specially authorized by the Legisla- 
ture of this State ? " 

A domestic railroad corporation, without express legislative 
authority, has no power to acquire the stock of street railways. 
Such acquisition is, indeed, expressly prohibited to a domestic 
railroad corporation by R. L., c. Ill, § 77 : — 

No railroad corporation, unless authorized by the general court or by 
the provisions of the following five sections, shall directly or indirectly 
subscribe for, take or hold the stock or bonds of or guarantee the 
bonds or dividends of any other corporation ; and the amount of the 
bonds of one or more other corporations subscribed for and held by a 
railroad corporation, or guaranteed by it conformably to special author- 
ity of the general court or the authority given in said sections, with the 
amount of its own bonds issued in conformity with sections sixty-three 
and sixty-four, shall not exceed at any time the amount of its capital 
stock actually paid in cash. 

This second inquiry presents the question whether a railroad 
corporation, existing by the concurrent legislative authority of 
this State and of another, may buy stock in our domestic street 
railway companies, such purchase being authorized by the foreign 
State, but prohibited as to domestic railroad corporations by our 
law. The general law concerning such railroad corporations con- 
tains no provisions applicable to or conclusive upon the question 
submitted. R. L., c. Ill, § 4: — 

A railroad corporation, chartered by the concurrent legislation of this 
and other states shall, as regards any portion of its road lying within 
this commonwealth, be entitled to all the benefits and be subject to all 
the liabilities of the railroad corporations of this commonwealth 

This statute appears to be applicable rather to the physical 
locations, the operation and administration of the railroad within 
our jurisdiction, and does not appear to take into consideration 
and control those acts which are ultra vires of a Massachusetts 
railroad and intra vires of a foreign company. I doubt whether 
any general answer can be made to the question addressed to me 
that will be conclusive upon any specific case, for there may be 
special legislation enacted by our General Court as to certain 
railroad corporations which would authorize such purchase as is 
the subject of your inquiry ; and an exhaustive examination of all 
such special legislation would have to be made, to ascertain what 
might be the rights or authorities of any designated railroad com- 
pany. I may say, however, that assuming no such permission has 
been granted by such special law, I hold to the opinion that our 



1904.] PUBLIC DOCUMENT — No. 12. 19 

courts would decide that such railroad corporation has no lawful 
authority to purchase the stock of other corporations, but 1 do 
not know that this question has yet been specifically decided. I 
may suggest that, if it should be decided that the railroad cor- 
poration, created, for instance, by concurrent legislative action of 
Massachusetts and Connecticut, has a right to buy stock given 
by the laws of Connecticut but withheld by the laws of Massachu- 
setts, the Legislature would, in my opinion, have power to revoke 
the Massachusetts charter, if it deemed that such action by the 
railroad company was sufficiently injurious to the public interest 
to warrant such action. 

Very truly yours, 

Herbert Parker, Attorney- General. 



Telephone and Electric Light Companies — Locations for Poles 
and Wires — ' ' Private Way " — Eminent Domain — Consti- 
tutional Laic — Compensation. 

Assuming that the term " private way " in a proposed act entitled "An Act 
to authorize the granting to telephone and electric light companies 
locations for poles and wires upon private ways," is used in its tech- 
nical sense, as referring to ways laid out under the provisions of R. 
L., c. 48, § 65, such way is in fact a public way; and the Legislature 
may authorize the grant of locations for poles and wires upon or along 
private ways, without provision for compensation for damages occa- 
sioned thereby. 

If, on the other hand, the term is used as referring to ways or lands held 
by private individuals, a statute assuming to authorize the location 
of poles and wires thereon, without provision for the recovery of 
damages by the owners, is unconstitutional. 

April 9, 1903. 

Hon. Archie N. Frost, Chairman of Committee on Mercantile Affairs. 

Dear Sir: — The committee on mercantile affairs has submitted 
to me a draft of an act entitled " An Act to authorize the granting 
to telephone and electric light companies locations for poles and 
wires upon private ways," and the committee requests my opinion 
upon the question whether any of the provisions of said act are 
within constitutional prohibitions. 

I assume that the term " private way" is used in this act in its 
technical sense ; that is, meaning a way laid out under the pro- 
visions of R. L., c. 48, § 65, and sections following. Such a way, 
although it be laid out for the use of a particular person or persons, 
upon whom the whole or any part of the damages may be assessed, 
is, nevertheless, a public way, because it exists through the adju- 
dication of a public tribunal, and not through private contractual 



20 ATTORNEY-GENERAL'S REPORT. [Jan. 

obligations, expressed or implied, between citizens. For the 
establishment of such private ways as the statute contemplates 
there must have been an adjudication and a taking by competent 
authority, for which taking due compensation must have been pro- 
vided, and the easements or rights thus created are not limited as 
to their use or enjoyment to individuals or particular persons, for 
the ways have become branches and parts of public thoroughfares. 

I am of opinion, therefore, that a statute authorizing the proper 
authorities to grant locations for telephone or. telegraph poles upon 
or along private ways is not open to constitutional objection, and 
it may be urged that the provisions of R. L., c. 122, § 1, now give 
such authority. It may therefore be doubted whether any new 
legislation's required to meet the apparent purpose of the pro- 
posed act. 

If, however, the term "private way" in the act referred to 
means a way over private land, in which the public has no interest, 
the way and the land over which it passes both being private prop- 
erty (and I am informed that the proposed legislation is directed 
to such state of facts) , the absence of any provision for compen- 
sation to the owners of such property seriously endangers its 
validity, on constitutional grounds. 

There can be no question that the Legislature may grant the 
power to exercise the right of eminent domain to telephone and 
telegraph companies, or to agents who may exercise it in behalf 
of such companies ; and I am of opinion that the Legislature may 
delegate this power to the mayor and aldermen of cities or to the 
selectmen of towns, to be exercised in the taking of land for such 
uses, provided always constitutional requirements are complied 
with. The act before me, however, contains no express provision 
for the recovery of damages, and merely applies, or seeks to apply, 
by reference, the statute regulating the granting of locations along 
the highways to the takings contemplated by it. The provision for 
damages contained in R. L., c. 122, to which reference is made in 
section 3 thereof, relates to owners of lands abutting upon a public 
way, and contemplates resulting damages occasioned by the erection 
and maintenance of poles, rather than for the taking of land or the 
creation of any new right impairing private property interests. 

The provisions of the Revised Laws, above cited, in my opinion 
are not sufficient (for they do not extend, nor are they applicable, 
to the case of taking property by eminent domain) to secure con- 
stitutional rights to persons whose property is taken by the pro- 
posed act. I am, therefore, of opinion that reference to the above 
provisions of the Revised Laws does not bring the proposed act 
within constitutional limitations. 



1904.] PUBLIC DOCUMENT — No. 12. 21 

I am further of opinion that the term ''private way," as used 
in the act submitted to me, upon established rules of construction, 
whatever be the intent of the Legislature, now entertained, will be 
held to be a private way as defined by existing statutory law ; that 
is, a way established and dedicated through the exercise of the 
right of eminent domain by some tribunal of competent jurisdic- 
tion. I hold, therefore, that the act, in its present form, does not 
by its terms authorize the taking of private property or the inva- 
sion of private rights, and does not authorize the location of poles 
and wires upon private lands as such, but only within the limits 
of the statutory private way. I venture to suggest that the use of 
the words in the draft of the act, " owners of such private ways," 
is inartificial and ambiguous. A private way contemplated and 
defined by our statutes is not strictly private property, but, in a 
sense, belongs to the public, and is an easement dedicated by a 
constitutional adjudication to a quasi-public use. 
Very truly yours, 

Herbert Parker, Attorney -General. 



Chief of Cattle Bureau — Orders or Regulations — Approval — 

Publication — Governor and Council. 
R. L., c. 90, § 4, as amended by St. 1902, c. 116, § 3, which in part provides 
that no orders or regulations made by the Chief of the Cattle Bureau 
shall take effect until approved by the Governor and Council, and that 
such orders or regulations shall be published in the manner therein 
prescribed, requires that the method of publication shall be pre- 
scribed by such orders or regulations, and shall be subject to the 
approval of the Governor and Council. 

April 29, 1903. 
To His Excellency John L. Bates, Governor. 

Sir : — I beg to report that I have considered the communication 

to Your Excellency from the Chief of the Cattle Bureau, with 

regard to the publication of the rules and regulations made by 

authority of R. L., c. 90, § 4, as amended by St. 1902, c. 116, § 3. 

R. L., c. 90, § 4, provides as follows : — 

The board may from time to time make orders and regulations 
relative to the prevention, suppression and extirpation of contagious 
diseases of domestic animals, and relative to the inspection, examina- 
tion, quarantine, care and treatment or destruction of such animals 
which are affected with, or have been exposed to, such diseases, . . . 
and all orders and regulations made by the board shall be entered on 
its records and a copy thereof shall be sent to each inspector in the city 
or town to which the orders or regulations apply, and be published by 
him in such manner as the orders or regulations may prescribe. 



22 ATTORNEY-GENERAL'S REPORT. [Jan. 

St. 1902, c. 116, amended this provision by transferring the 
powers and duties of the Board of Cattle Commissioners to a 
Chief of the Cattle Bureau of the State Board of Agriculture, and 
further provided that no orders or regulations made by him, under 
authority of R. L., c. 90, §§4 and 7, should take effect until 
approved by the Governor and Council. 

The Chief of the Cattle Bureau inquires of Your Excellency 
whether or not the method of publication should be defined in the 
rules and regulations which are approved by the Governor and 
Council, under the provisions of the act above referred to. 

I am of opinion that R. L., c. 90, § 4, clearly requires that the 
method of publication of the rules and regulations provided for 
therein should be prescribed by such rules and regulations and 
subject to the approval of the Governor and Council. 

I am, with great respect, 

Very truly yours, 

Herbert Parker, Attorney- General. 



Street Railways — Boston Elevated Railway Company — Location 
— Metropolitan Park Commissioners — Tax — Contract — 
Constitutional Lew:. 

By St. 1897, c. 500, § 10, providing in part that during a period of twenty-five 
years from the date of the passage thereof no taxes or excises, not 
then actually imposed upon street railways, should be assessed upon 
the Boston Elevated Railway Company except as defined in such 
statute, a contract was created between the Boston Elevated Railway 
Company and the Commonwealth; and St. 1900, c. 413, § 2, authorizing 
the Board of Metropolitan Park Commissioners to grant to street rail- 
ways locations over roadways, boulevards, parks and reservations sub- 
ject to its control, " upon such terms, conditions and obligations and 
for such compensation as the public interests and a due regard for the 
rights of the Commonwealth may require," in so far as it relates to com- 
pensation for grants of location, is not applicable to such company. 

The ultimate disposition of money received for taxes from the Boston 
Elevated Railway Company under the provisions of St. 1897, c. 500, § 10, 
forms no part of the contract created thereby, and may be changed or 
modified in such manner as the Legislature may deem proper. Such 
proportion of the taxes received from the Boston Elevated Railway 
Company as is based upon the mileage owned or controlled by such 
corporation within metropolitan park reservations may therefore be 
credited, under the provisions of St. 1900, c. 413, § 5, to the sinking 
fund created to meet the expenses of establishing and maintaining 
such reservations. 

April 30, 1903. 

Hon. William B. de las Casas, Chairman, Metropolitan Park Commission. 
Dear Sir: — Your letter of April 14 requests my opinion upon 

certain questions which arise in connection with a proposed grant 



11)04.] PUBLIC DOCUMENT — No. 12. 23 

of location to the Boston Elevated Railway Company, and relate 
to the effect of St. 1900, c. 413, an act authorizing the Metropol- 
itan Park Commission to grant street railway locations, upon St. 
1897, c. 500, which defines and determines the rights and duties of 
the Boston Elevated Railway Company and the West End Street 
Railway Company. 

You state that you desire to know the effect of section 5 of St. 
1900, c. 413, upon section 10 of St. 1897, c. 500; and "more 
particularly, whether any portion of the taxes and compensation to 
be paid under said section 10 by said railways to the Treasurer of 
the Commonwealth will, under said section 5 of chapter 413 of St. 
1900, be credited to the sinking fund of the loan under which the 
boulevard or park in which the location was granted by this Board 
was provided, or will all be distributed to the cities and towns within 
which the track is located ; and, in either event, whether this com- 
mission has the right to require of the railway company additional 
compensation." 

St. 1897, c. 500, an act to promote rapid transit in the city of 
Boston and vicinity, establishes in section 10 a toll or fare which 
maybe charged by the railways above referred to "which shall 
not exceed the sum of five cents for a single continuous passage 
in the same general direction upon the roads owned, leased or 
operated by it ; " and further provides that this sum shall not be 
reduced by the Legislature during a period of twenty-five years 
from and after the passage of the statute. The remainder of the 
section is as follows : — 

During said period of twenty-five years no taxes or excises not at 
present in fact imposed upon street railways shall be imposed in respect 
of the lines owned, leased or operated by said corporation, other than 
such as may have been in fact imposed upon the lines hereafter leased 
or operated by it at the date of such operating contract or of such lease 
or agreement hereafter made therefor nor any other burden, duty or 
obligation which is not at the same time imposed by general law on all 
street railway companies : provided, however, that said corporation shall 
be annually assessed and shall pay taxes now or hereafter imposed by 
general law in the same manner as though it were a street railway com- 
pany, and shall, in addition, as compensation for the privileges herein 
granted, and for the use and occupation of the public streets, squares 
and places, by the lines of elevated and surface railroad owned, leased 
and operated by it, pay to the Commonwealth, on or before the last day 
of November in each year, during said period of twenty-five years, an 
annual sum, the amount of which shall, in each year ending the last day 
of September, be determined by the amount of the annual dividend paid 
in that year by said corporation, in the following manner: — If the 
annual dividend paid is six per cent, or less, or if no dividend is paid, 
the sum payable that year shall be a sum equal to seven eighths of one 



24 ATTORXEY-GEXERAL'S REPORT. [Jan. 

per cent, of the gross earnings of all the lines of elevated or surface 
railroads owned, leased or operated by said corporation ; if said dividend 
exceeds six per cent, then a sum equal to the excess of the dividends 
over six per cent, in addition to said seven eighths of one per cent, of 
said gross earnings. The above sum shall be paid into the treasury 
of the Commonwealth and distributed among the different cities and 
towns in proportion to the mileage of elevated and surface main track, 
reckoned as single track, which is owned, leased or operated by said 
corporation and located therein. 

St. 1900, c. 413, provides in section 1 that the Board of Metro- 
politan Park Commissioners shall have authority to grant locations 
as therein provided to street railways within the roads, boulevards, 
parks and reservations in its care and control. Section 2 provides 
that, after due notice and hearing, "if in the opinion of the board 
public convenience and necessity so require," it may grant such 
location or an}^ part thereof upon such terms, conditions and ob- 
ligations and for such compensation as the public interests and a 
due regard for the rights of the Commonwealth may require. 
Section 5 is as follows : — 

The share of the tax paid by any street railway company operating 
hereunder, into the treasury of the Commonwealth, which would under 
other provisions of law be apportioned to the city or town within which 
its tracks laid hereunder are situated, shall be apportioned to the Com- 
monwealth and credited by the treasurer to the sinking fund of the loan 
to which the expenditure for the road, boulevard, park or reservation in 
which the tracks are located was charged. 

St. 1897, c. 500, is a special act, limiting and defining the 
duties, rights and privileges of particular corporations ; and the 
regulations and conditions thereby made applicable to such cor- 
porations would under the ordinary rules of statutory construction, 
remain unaffected by a later general enactment upon the same 
subject. Section 10, moreover, which fixes a minimum toll or fare 
which for a period of twenty-five years may not be altered or 
reduced by the Legislature, and provides the method of taxation 
of the corporations which are within its terms, also establishes the 
manner and rate of compensation to be paid by the Boston Ele- 
vated Railway Company for the use and occupancy of the public 
streets, squares and places over which its tracks may be laid ; and 
in the matter of such compensation, as well as in respect of the 
amount of the fare which may be charged and the method of taxa- 
tion to be adopted, constitutes a contract which may not be altered 
or impaired by subsequent legislation. See Attorney -General's 
Report, 1901, p. 14. 



1904.] PUBLIC DOCUMENT — No. 12. 25 

Such compensation is to be paid annually to the Commonwealth 
during a period of twenty-five years, and is to be determined in 
each year by the annual dividend for that year. If such dividend 
does not exceed six per cent., the sum paid to the Commonwealth 
as compensation for the use of public streets and ways is to be 
equal to seven-eighths of one per cent, of the gross earnings of all 
the lines of elevated or surface railroads owned, leased or operated 
by the Boston Elevated Railway Company. If it exceeds six per 
cent., an additional sum is to be paid, equal to the excess of such 
dividend over six per cent. The money so received is to be paid 
into the treasury of the Commonwealth, and thereafter distributed 
among the different cities and towns in proportion to the mileage 
of elevated and surface main track which is owned, leased and 
operated by such corporation in each city or town. 

I am of opinion that it was the purpose of the Legislature by 
these provisions to establish a rate of compensation for the use of 
public streets, ways and squares by the Boston Elevated Railway 
Company, which, for a period of twenty-five years, should be 
payment in full for such use and occupation ; and that the method 
and rate of compensation so established forms an important ele- 
ment in the contract between the Commonwealth and the railroad 
company, which cannot constitutionally be altered or amended for 
the purpose, or with the effect of subjecting such corporation to the 
burden of any additional payment on account of the use and occu- 
pation of public streets or ways. That such would be the effect 
of applying the provisions of St. 1900, c. 413, § 2, to the corpora- 
tion in question cannot be doubted. The sum annually due to the 
Commonwealth as compensation for such use and occupancy is 
based upon the gross earnings of all the lines owned or controlled 
by it ; and if, upon the granting of the right to lay tracks over 
land within the jurisdiction of the Metropolitan Park Commission, 
a further charge should be imposed therefor, it would result that 
the corporation would pay in compensation for such privilege not 
only the proportionate part of the amount annually due the Com- 
monwealth under the provisions of St. 1897, c. 500, § 10, based 
upon the gross earnings of that particular line of track, but also 
the compensation fixed and determined by the commission under 
the provisions of St. 1900, c. 413, § 2, — an additional charge, 
not contemplated or provided for in the original contract. It 
follows, therefore, that the Metropolitan Park Commission is not 
authorized to require of the Boston Elevated Railway Company, 
under the provisions of St. 1900, c. 413, § 2, any additional com- 
pensation for the right to occupy roads, boulevards, parks and 
reservations under its care and control. 



26 ATTORXEY-GENERALS REPORT. [Jan. 

The second question submitted deals with the disposition of the 
taxes paid by the Boston Elevated Railway Company, under the 
provisions of St. 1897, c. 500, § 10, to the Treasurer of the Com- 
monwealth. By this section it is provided that the taxes paid by 
such corporation into the treasury of the Commonwealth shall be 
distributed among the different cities and towns in proportion to 
the mileage of track owned, leased or operated by it within the 
limits of each city or town. St. 1900, c. 413, § 5, provides that, 
where locations are granted in boulevards, parkways or open places 
controlled by the Metropolitan Park Commission, that proportion 
of the tax which would be ultimately paid to the city or town in 
which such parkways, boulevards or open places are located, if 
they were not under the control of the Commonwealth, shall be 
apportioned to the Commonwealth, and credited by the Treasurer 
to the sinking fund of the loan created to meet the expenses of 
that particular work. 

I am of opinion that the ultimate disposition of money received 
for taxes under the provisions of St. 1897, c. 500, § 10, forms no 
part of the contract created thereby, and may be changed or modi- 
fied in such manner as the Legislature may deem proper, without 
constituting a violation of the contractual relation subsisting be- 
tween the Commonwealth and the Boston Elevated Railway Com- 
pany ; since the corporation can have no further interest in such 
money after payment to the Commonwealth, and no additional 
burden or obligation is imposed upon it by crediting a portion of 
the amount so paid to the sinking fund of a metropolitan park 
loan, instead of distributing such portion to the various cities and 
towns through which its tracks extend. The provision of St. 1900, 
c. 413, § 5, that such proportion of the taxes received from the 
Boston Elevated Railway Company as is based upon the mileage 
owned or controlled by such corporation within metropolitan park 
reservations may be credited to the sinking fund of the loan 
created to meet the expenses of establishing and maintaining such 
reservations, is therefore applicable to the sums received as taxes 
from such corporation under the provisions of St. 1897, c. 500, § 10. 
Very truly yours, 

Herbert Parker, Attorney -General. 



1904.] PUBLIC DOCUMENT — No. 12, 



27 



Flats — Planting and Cultivation of Oysters — Licenses — City or 

Town Authorities — Boundaries. 
Under R. L., c. 91, §§ 104 and 105, the authority of the mayor and board of 
aldermen in cities, and of the selectmen in towns, to grant licenses for 
the planting and cultivation of oysters upon flats between high and 
low water mark, is limited to licenses for the placing of shells upon 
such flats, upon written consent of the owner thereof; and all other 
operations connected with the cultivation or digging of oysters must 
be carried on below mean low-water mark. 
E. L., c. 91, § 105, does not. require that the licenses granted thereunder 
shall specify the shore line in feet, if reference may be otherwise made 
to metes and bounds which are readily ascertainable. 

May 7, 1903. 
D. F. Wiley, Esq , Chairman, Board of Selectmen, Wellfleet, Mass. 

Dear Sir: — I have your letter of March 28, requesting my 
opinion upon the construction of R. L , c. 91, §§ 104 and 105, 
relative to the granting of licenses for the growing and digging of 
oysters. 

The selectmen of towns are local officers, and as such are not 
entitled to the opinion of the Attorney-General ; but, inasmuch 
as the question is one of general importance, and, in a measure, 
involves rights of the public and of the Commonwealth, I have 
deemed it expedient to submit for your guidance my views upon 
the subject. 

R. L., c. 91, § 104, is as follows: — 

The mayor and aldermen of a city or selectmen of a town may, by 
writing under their hands, grant a license for a term not exceeding ten 
years to any inhabitant thereof to plant, grow and dig oysters at all 
times of the year, or to plant oyster shells for the purpose of catching 
oyster seed, upon and in any waters, flats and creeks therein, at any place 
where there is no natural oyster bed; not, however, impairing the 
private rights of any person, nor materially obstructing any navigable 
waters. 

Section 105 provides that : — 

Such license shall describe by metes and bounds the waters, flats and 
creeks so appropriated and shall be recorded by the city or town clerk 
before it shall have any force, and the licensee shall pay to the mayor 
and aldermen or selectmen, for their use, two dollars, and to the clerk 
fifty cents. The shore line of such licensed premises shall be the line 
of mean low water for the planting and growing of oysters, and the line 
of high water for the planting of oyster shells, but the provisions of this 
section shall not authorize the placing of such shells upon the land of a 
riparian owner between high and low water mark without his written 
consent. 



28 ATTORNEY-GENERAL'S REPORT. [Jan. 

By the first of the above sections the mayor or aldermen of a city 
or the selectmen of a town are authorized to grant licenses, under 
certain conditions, first, to grow and dig oysters at all seasons of 
the year; and, second, to plant oyster shells for the purpose of 
catching oyster seed upon and in any waters, flats and creeks 
within the limits of such city or town at any place where no 
natural oyster bed is found. Section 105 provides that the shore 
line of such licensed premises shall be the line of mean low water 
for the planting and growing of oysters, and, with the consent in 
writing of the riparian owner, the line of high water for the plant- 
ing of oyster shells. 

The effect of this provision is to limit the right of the selectmen 
to grant licenses for the digging and growing of oysters to flats 
below low-water mark, and to distinguish such licenses from those 
which, with the consent of the riparian owner, permit the placing 
of oyster shells upon the flats between high and mean low water 
mark. The apparent purpose of this distinction is to permit the 
licensee to place oyster shells upon the land of the riparian pro- 
prietor between high and low water mark, in order to catch the 
oyster seed or " spat," which are brought by the currents into 
contact with and adhere to such shells. The shells so placed, and 
to which the growing oysters are attached, may then be removed 
to other beds below mean low-water mark, with the result of 
improving the size and quality of the oysters. 

The digging of oysters, however, might constitute a serious 
interference with private rights ; and for this reason, as well as for 
the reason that growing oysters must be constantly covered by 
water, the further cultivation and the harvesting of oysters so 
planted must be carried on below low-water mark. 

I am therefore of opinion that the statute above quoted limits 
the authority of your board to the granting of licenses for the 
placing of shells upon flats between high and low water mark, and 
then only with the written consent of the riparian owner, and 
that all further cultivation and digging of oysters must be con- 
ducted below mean low-water mark. 

Your letter contains the further question, whether a " lease for the 
cultivation of oysters below mean low-water mark may be granted 
with a shore bound without the number of feet being specified on 
the shore." 

I am of opinion that the requirement of the statute that the 
licenses shall describe by metes and bounds the waters, flats and 
creeks so appropriated, does not require the shore line specified in 
feet, if reference is otherwise made to metes and bounds which are 



1904.] PUBLIC DOCUMENT — No. 12. 29 

readily ascertainable. As a matter of practice, however, it would 
seem preferable that, wherever it is possible, the license should 
specify the distance in feet. 

Very truly yours, 

Herbert Parker, Attorney- General. 



Extradition — Attorney- General — Expediency — Governor — 
Good Faith of Affidavit of Complaining Witness. 

The duty of the Attorney-General to advice the Executive upon questions 
of expediency in matters of extradition, as required by R. L., c. 217, 
§ 12, can only arise in cases of demands made upon the Governor for 
the surrender of persons held in custody or under recognizance in this 
Commonwealth to answer for crime, or by virtue of any civil process. 

In the case of an application for the issuance of a demand for extradition 
upon another State, the Executive of this Commonwealth is not to be 
controlled by the allegations contained in such application, and should 
satisfy himself upon the truth of every material fact alleged therein. 
He may inquire, therefore, if there be doubt in his mind, as to the good 
faith of the affidavit of the principal complaining witness, required by 
the rules for the practice of interstate rendition, in cases of fraud, 
false pretences or embezzlement, and setting forth that the sole pur- 
pose for which extradition is sought is the punishment of the accused, 
and that such witness does not intend to use the prosecution for any 
private purpose. 

May 25, 1903. 
To His Excellency John L. Bates, Governor. 

Sir : — I have the honor to report that I have examined the ap- 
plication of the district-attorney for Suffolk County for a requisition 
upon the Governor of the State of New York for the extradition 
of Moody Merrill, charged by indictment with the crime of embez- 
zlement and larceny, together with the papers accompanying such 
application, and have heard the parties appearing in remonstrance 
to the issuance by Your Excellency of the requisition sought to be 
obtained. 

R. L., c. 217, § 12, by virtue of which the papers in this case 
are now before me, is as follows : — 

Upon such demand or application, the attorney-general or a district 
attorney shall, if the governor so requires, forthwith investigate the 
grounds thereof, and report to the governor all the material facts which 
may come to his knowledge, with an abstract of the evidence in the case ; 
and, in case of a person demanded, whether he is held in custody or is 
under recognizance to answer for a crime against the laws of this com- 
monwealth or of the United States, or by force of any civil process, with 
an opinion as to the legality or expediency of complying therewith. 



30 ATTORNEY-GENERAL'S REPORT. [Jan. 

Under this section the duty and authority of the Attorney- 
General in the premises must, in my opinion, be limited to making 
an investigation into the grounds of the application, and reporting 
to Your Excellency such material facts as may be brought to his 
knowledge, together with an abstract of the evidence in the case ; 
and his power to advise Your Excellency upon the expediency of 
granting such application must be strictly confined to cases of 
demands made upon Your Excellency for the extradition of per- 
sons held in custody or under recognizance in this Commonwealth 
to answer for crime, or by virtue of any civil process. Upon this 
construction of the statute, and in accordance with its provisions, 
I have the honor to submit for Your Excellency's consideration the 
following report. 

With regard to the papers submitted to me and accompanying 
the application of the district attorney for Suffolk County, I have 
to advice Your Excellency that, in my opinion, the provisions of 
the United States statute regulating the matter of extradition 
(Rev. St. of U. S., c. 5278) and of the Massachusetts statute upon 
the same subject (R. L., c. 217, § 11) have been in all respects 
complied with. The papers, as at first laid before me, were not 
technically in proper form, in that they did not contain the affidavit 
of the principal complaining witness, setting forth that the appli- 
cation is made in good faith, and that such witness does not expect 
to and will not use the prosecution for the collection of a debt or 
for any purpose, as required by the rules for the practice of inter- 
state rendition which are applicable to requisitions issued by Your 
Excellency ; this omission was, however, subsequently remedied by 
the filing of the affidavit as required, and the papers, as they now 
appear, are in accordance with the requirements of law and of the 
rules above mentioned, and therefore in legal and proper form. 

I am of the opinion that the Executive may well hold that every 
presumption of fact should attach to the allegations made by the 
district attorney, when that officer himself applies for the extradi- 
tion. This presumption may, in cases, be rebutted by evidence; 
but none such has been submitted to me, and I am of opinion that 
the presumption holds in favor of this application. But, beyond 
the application of the district attorney, and necessary for its sup- 
port, is the required affidavit of good faith by the party complain- 
ing, upon whose allegations the prosecution rests. Such affidavit, 
in form sufficient, accompanies the papers. Since its presentation 
is itself a condition precedent to the issuance of the Executive 
demand upon a foreign State, which demand is, in effect, a pledge 
of the good faith of the demanding State, it follows that the 
Executive should satisfy himself that the affidavit is in fact true, 



1904.] PUBLIC DOCUMENT — No. 12. 31 

for, if false, it may well be treated in the Executive discretion as 
a nullity. 

The Executive has the right to require, therefore, if there be 
doubt in his mind, that the truth of the affidavit be established to 
his satisfaction. Evidence by the remonstrants was offered as 
tending to disprove the allegations of the affidavit, but, as offered 
and presented before me, it was not, in my opinion, sufficient to 
support the remonstrants' contention ; and, in the absence of other 
and more conclusive evidence, I am constrained to advise Your 
Excellency that the papers are in proper form, and that there 
appears to be no reason why the application of the district attor- 
ney for Suffolk County may not be granted. 

I am, with great respect, 

Very truly yours, 

Herbert Parker, Attorney-General. 



Intoxicating Liquors — Importation and Sale — Original 
Package. 

The Legislature, since the enactment of 26 U. S. Sts. at Large, 313, pro- 
viding that "all fermented, distilled or other intoxicating liquors or 
liquids transported into any state or territory . . . shall, upon arriv- 
ing in such state or territory, be subject to the operation and effect of the 
laws of such state or territory enacted in the exercise of its police 
powers, to the same extent and in the same manner as though such 
liquids or liquors had been produced in such state or territory," has 
authority to repeal R. L., c. 100, § 33, which permits the sale of intoxi- 
cating liquors in the original casks or packages of importation, and to 
enact laws subjecting the possession, use or sale of such liquors 
within the limits of the Commonwealth, to all the restrictions and pen- 
alties imposed upon the possession, use or sale of other intoxicating 
liquors therein. 

June 1, 1903. 
To His Excellency John L. Bates, Governor. 

Sir: — Your Excellency requires my opinion upon the present 
status of the statutory law of this Commonwealth with relation to 
the keeping for sale or sale of intoxicating liquors in the original 
packages of importation from another State. 

Section 33 of chapter 100 of the Revised Laws has been in force 
in substantially its present form for many years. Its existing 
provisions are as follows : — 

Importers of liquor of foreign production which is imported under 
authority of the laws of the United States may own, possess, keep or 
sell such liquor in the original casks or packages in which it was im- 



32 ATTORNEY-GENERAL'S REPORT. [Jan. 

ported and in quantities not less than those in which the laws of the 
United States require such liquor to be imported, and, when sold, it 
shall be as pure and unadulterated as when imported. 



The original enactment was doubtless for the purpose of giving 
recognition in our law to the requirement of the federal constitu- 
tion with relation to commerce between the States ; and until 
Congress should have suspended the exclusive control of interstate 
merchandise, the States had no authority, by police regulation or 
otherwise, to restrict or interfere with free importation and 
exportation between the States. Until the enactment of the so- 
called Wilson bill (26 U. S. Sts. at Large, 313), in 1890, this 
restraint upon State legislation continued in force ; but by that 
bill it was provided " that all fermented, distilled or other intoxi- 
cating liquors or liquids transported into any state or territory, or 
remaining therein for use, consumption, sale or storage therein, 
shall, upon arrival in such state or territory, be subject to the 
operation and effect of the laws of such state or territory enacted 
in the exercise of its police powers, to the same extent and in the 
same manner as though such liquids or liquors had been produced 
in such state or territory, and shall not be exempt therefrom by 
reason of being introduced therein in original packages or other- 
wise." 

Congress thereby delegated authority to the several States to 
make such police regulations as they might deem necessary with 
regard to intoxicating liquors transported therein to be there used, 
consumed, sold or stored. Since the enactment of this federal 
statute, it has therefore been competent for the Legislature to re- 
move the protection theretofore offered to intoxicating liquors in 
the original packages of importation, and to subject said liquors 
kept here for use, sale or storage to the penalties and restrictions 
applicable to all other intoxicating liquors. 

I assume that the General Court has not been called upon to 
exercise the authority now and since 1890 vested in it; at all 
events, no legislation in this State has followed the changed con- 
ditions due to the enactment of the Wilson bill It is evident that 
the controlling reason for the immunity of liquors in the original 
packages no longer exists, and the Honorable Senate and House 
of Representatives may well consider the expediency of eliminating 
from our statutes a law which now appears to have little reason 
and no necessity for its justification. 

Aside from the questions of public welfare as affected by the sale 
of intoxicating liquors, it is obvious that the operation of the pro- 
visions of section 33 of chapter 100 of the Revised Laws is to give 



1904.] PUBLIC DOCUMENT — No. 12. 33 

what would seem to be a wholly unwarranted privilege or prefer- 
ence to certain liquors not attaching to others ; and to permit cer- 
tain persons, without any of the restrictions provided by the license 
laws, to keep and sell intoxicating liquors in conflict with the entire 
spirit of our law, and in unrestrained competition with those per- 
sons who have, in obedience to the requirements of our legislation, 
subjected themselves to serious liabilities and to large expenditures 
to secure and avail themselves of a license to engage in the liquor 
trade. 

Were the section of the Revised Laws above quoted to be re- 
pealed, all protection heretofore attaching to liquors in the original 
package of importation, but within this State for use, distribution, 
storage or sale, would be withdrawn ; and after such repeal, all 
intoxicating liquors and those engaged in commerce therein would 
be subject to uniform and consistent provisions of law. 

The present condition of our statutes would seem to indicate 
either that public opinion or the legislation of our Commonwealth 
has not kept pace with that of the federal Congress, and that 
Massachusetts has not availed herself of an opportunity that the 
federal government long since offered to her. 

I am, with great respect, 

Very truly yours, 

Herbert Parker, Attorney-General. 



Volunteer Militia — Rifle Ranges — Use by United States Troops 
— Adjutant-General. 

The Adjutant-General has no authority either to grant or to refuse permis- 
sion to United States troops to use the rifle ranges furnished under 
the provisions of R. L., c. 16, § 105, for the use of the volunteer militia, 
by the several cities and towns. 

June 1, 1903. 

Brig. -Gen. Samuel Dalton, Adjutant- General. 

Dear Sir : — The only provision relating to rifle ranges for the 
use of the volunteer militia is R. L., c. 16, § 105, which in part 
provides that " it shall be the duty of the mayor and aldermen and 
selectmen to provide for each regiment, battalion, corps of cadets, 
or portion of the volunteer militia, within the limits of their respec- 
tive cities and towns, . . . suitable places for parade, drill and 
target practice." Provision is elsewhere made in R. L., c. 16, for 
the control and management of armories by the Adjutant-General 
(§ 111), and for their use and occupation (§ 116), as well as for 
the maintenance of suitable places for drill (§ 113) ; but there is 
no specific enactment regulating the use and occupation of the rifle 
ranges which section 105 requires cities and towns to furnish. 



34 ATTORNEY-GENERAL'S REPORT. [Jan. 

Under the provision above referred to, therefore, I am of opinion 
that it is the duty of cities and towns to establish and maintain, 
for the use of the local militia, suitable places for target practice ; 
but that the use thereof by such militia need not necessarily be 
exclusive of all other use of such rifle range by the city or town 
within the limits of which it is situated. If reasonable opportu- 
nity for target practice is afforded to the volunteer militia, the 
statutory obligation of such city or town is fulfilled, and the duty 
of the Adjutant-General in the premises must be confined to 
securing such result. 

It follows, therefore, that the Adjutant-General has no authority 
either to grant or to refuse permission to United States troops to 
use the rifle range now established in the city of Lynn, if such use 
does not in any respect interfere with or restrict the use of such 
rifle range by the volunteer militia. I am of opinion, however, 
that if permission be given for the use of such rifle range by United 
States troops, it should be by specific action of the city government 
of Lynn, the terms of such use and its limitations being definitely 
and exactly set forth, distinctly subordinating such use to the 
requirements and needs of the militia of this Commonwealth, and 
providing a summary right of revocation of the permission so 
accorded. 

Very truly yours, 

Herbert Parker, Attorney -General, 



Foreign Corporations — Interstate Commerce. 

Foreign corporations, operating steamship lines between Boston and ports 
in other States or in foreign countries, which do no transportation 
business wholly within the Commonwealth, and no other business 
therein except such as is incidental to their foreign business, are en- 
gaged in the business of interstate and foreign commerce, the regula- 
tion of which is vested exclusively in the Congress of the United 
States, and are not subject to the provisions of R. L., c. 126, §§ 4 and 
6, requiring foreign corporations having a usual place of business 
within the Commonwealth to appoint the Commissioner of Corpora- 
tions their attorney for the service of legal process, and to file in the 
office of such commissioner certain sworn statements concerning their 
capital stock. 

June 5, 1903. 
Hon. William D. T. Trefry, Commissioner of Corporations. 

Dear Sir : — In your letter of May 21 you ask my opinion upon 
the question whether certain foreign corporations, operating steam- 
ship lines between Boston and ports in other States and countries, 
which do no transportation business from point to point within the 



1904.] PUBLIC DOCUMENT — No. 12. 35 

Commonwealth, or any local business, except such as is strictly 
incident to their foreign business, are subject to sections 4 and 6 
of chapter 126 of the Revised Laws. That statute provides that 
every foreign corporation, except foreign insurance companies, 
which has a usual place of business in this Commonwealth, shall, 
before transacting business in this Commonwealth, appoint the 
Commissioner of Corporations its attorney for the service upon it 
of legal process, and shall file in his office certain sworn statements 
concerning its capital stock. 

The sole business of the companies in question is interstate and 
foreign commerce. The power of government to regulate it in 
the manner of the statute is vested exclusively in Congress, and, 
whether Congress has done all that is proper in that regard or not, 
the State has no jurisdiction to attach such conditions to the right 
of transacting it. Statutes requiring the filing of sworn statements 
and the appointment of a local attorney are not included within 
those eminently local regulations made in the fair exercise of the 
police power of the State, which, in the absence of federal regula- 
tions over the same subject, are free from constitutional objections. 
It is, therefore, beyond the power of a State to make these re- 
quirements of such foreign companies. See Crutcher v. Kentucky, 
141 U. S. 47 ; Bobbins v. Shelby County, 120 U. S. 489 ; Cooper 
Mfg. Co. v. Ferguson, 113 U. S. 727. 

In the first case, in which the court held invalid a statute pro- 
viding that the agent of a foreign express company should not 
carry on business within this State without first obtaining a license, 
and satisfying the State Auditor that the company was possessed 
of a certain amount of capital, Bradley J., by way of illustration, 
said: " Would any one pretend that a State Legislature could 
prohibit a foreign corporation — an English or a French transporta- 
tion company, for example — from coming into its borders and 
landing goods and passengers at its wharves, and soliciting goods 
and passengers for a return voyage, without first obtaining a license 
from some State officer, and filing a sworn statement as to the 
amount of its capital stock paid in ? And why not ? Evidently 
because the matter is not within the province of State legislation, 
but within that of national legislation. . . . And the same thing 
is exactly true with regard to interstate commerce as it is with 
regard to foreign commerce." 

It is to be presumed that the Legislature of Massachusetts, 
when it enacted the provisions of R. L., c. 126, §§ 4-6, knowing 
that it had no power to impose conditions upon foreign commerce, 
did not intend, in its use of the phrase " doing business in this 
Commonwealth," to include the business of transporting passengers 



3(5 ATTORNEY-GENERALS REPORT. [Jan. 

and freight between the port of Boston and other States and coun- 
tries. I advise you, therefore, that these provisions have no appli- 
cation to the companies in question. 
Very truly yours, 

Herbert Parker, Attorney -General. 



Constitutional Law — Maximum Day's Work — Cities and Towns 

— Counties. 

The Legislature may constitutionally limit the duration of a day's work 
for laborers, workmen and mechanics, employed by or in behalf of the 
Commonwealth, to a period of eight hours; but a like provision appli- 
cable to counties, and to cities and towns which have accepted the 
provisions of R. L., c. 106, § 20, making eight hours a day's work for 
the employees thereof, would be unconstitutional, as taking property 
without due compensation and without due process of law. 

In respect of legislation fixing eight hours as a day's work for employees 
of counties, cities and towns, a county is not to be distinguished from 
a city or town. 

June 15, 1903. 

His Excellency John L. Bates, Governor. 

Sir : — Your Excellency has required my opinion upon the 
legal, and, more specifically, upon the constitutioual, aspects of an 
act entitled "An Act to constitute eight hours a maximum day's 
work for public employees." The act contains the following pro- 
visions : — 

That eight hours shall constitute a day's work for all laborers, 
workmen and mechanics employed by or on behalf of the Common- 
wealth or any county ; 

That every contract to which the Commonwealth or any county 
is a party, involving such employment, shall contain a stipulation 
that no such employee shall be permitted or required to work more 
than eight hours in any one day ; 

That the wages to be paid shall not be less than the prevailing 
rate for a day's work in the same trade or occupation in the locality 
where such public work is done ; 

That this act shall apply to all such employees engaged upon 
any works which are or intended to be the property of the Com- 
monwealth, or of any county therein, or of any city or town which 
has accepted the provisions of R. L., c. 106, § 20, whether such 
employees are employed by public authority, by a contractor, or 
by any other private person ; 

That any agent or official of the Commonwealth or of any county 
violating any provision of this act shall be subject to a penalty of 
fifty dollars for each offence ; 



1904.] PUBLIC DOCUMENT — No. 12. 37 

That the provisions of the act shall not apply to contractors or 
sub-contractors under contracts made prior to the passage of the 
act, or to employees of charitable institutions. 

If this were an act regulating the hours of labor and the amount 
of wages to be paid between individuals or private corporations 
and their employees, it would be, in my opinion, unconstitutional, 
as taking property without due compensation and without due 
process of law. It is not a mere declaration that, in the absence 
of special contract to the contrary, eight hours shall be a day's 
work, but it prohibits the making of any contract for a different 
number of hours' work. I am of opinion that it is not in the 
power of the Legislature to abridge or extinguish the right of 
parties to fix, by mutual consent, the number of hours that shall 
constitute a day's work, or the wages that shall be paid, or to pro- 
hibit or make void the agreements of the parties themselves in the 
premises, except where the health, safety or morals of the com- 
munity are concerned, which justifies the enactment of police 
regulations, as in the case of restricting and defining the hours of 
employment of women and children {Commonwealth v. Hamilton 
Manufacturing Co., 120 Mass. 383), or of persons working in an 
unhealthy employment (Holden v. Hardy, 169 U. S. 366). 

The critical provisions of the statute before me are those made 
applicable only to laborers upon public works, either of the Com- 
monwealth or counties, or of cities and towns which have accepted 
the provisions of R. L., c. 106, § 20. So much of the statute as 
applies to cities and towns which have accepted the act last cited 
is to my mind plainly unconstitutional, as upon reasons expressed 
in the opinion of the Attorney-General of April 24, 1901. The 
chapter of Revised Laws cited merely provides what shall be a 
legal day's work, in the absence of an agreement by the parties 
to select, by mutual consent, some other standard or measure of 
service, analogous, in principle, to that of another statute fixing 
six per cent, as the legal rate of interest. See R. L., c. 73, § 3. 
The proposed enactment, on the other hand, provides that no 
laborer, workman or mechanic engaged upon any works which are 
or are intended to be the property of such city or town shall be 
permitted or required to work more than eight hours in any one 
day. It seems needless to specifically call attention to that which 
is obvious, viz., that by accepting the former eight-hour law, 
contained in the section of the Revised Laws above quoted, such 
cities and towns have not accepted, and do not accept, the pro- 
visions of this new enactment, even if it be assumed that they 
could have legally and in advance bound themselves to such an 
obligation. 



38 ATTORNEY-GENERAL'S REPORT. [Jan. 

The Attorney-General, in the opinion above referred to, assumed 
a distinction between a county and a municipal corporation, con- 
sidering the former as a mere political subdivision of the Common- 
wealth, and, as such, having no private right in its own property, 
such as is possessed by municipalities. No reason is given for the 
distinction, and it appears to have been made rather by way of 
illustration in argument than as a formal adjudication ; and the 
contrary has since been expressly held, in a well-considered deci- 
sion by the Supreme Court of Indiana, where the legal status of a 
county was directly, rather than incidentally, adjudicated. Street 
v. Varney Electrical Supply Co., 66 N. E. 895. I am therefore of 
opinion that, so far as this bill applies to counties, it is unconsti- 
tutional, for the reasons set forth in, and essential to, the conclu- 
sions in the above-cited opinion of the Attorney-General. 

So far as the provisions of the new act relate to the Common- 
wealth, it is obvious that, beyond the objections that might well 
be made to a prescribed uniform wage for incompetent as well as 
competent employees, the bill, if approved, will result in a great 
increase of cost to the Commonwealth for all its public works ; 
because it would seem that no contractor would bid for such work, 
in which unskilled labor is to be employed, except at figures predi- 
cated upon the highest rate of wages that might be current during 
the performance of the contract. There are decisions that such 
a regulation by the Commonwealth as to its own public works is 
unconstitutional. See Ex Parte Kuback, 85 Cal. 274 ; State v. 
Norton, 5 Ohio N. P. 183 ; People v. Coler, 166 N. Y. 1. But I 
am, nevertheless, of opinion that the Commonwealth may constitu- 
tionally establish such a rule for itself as it may choose ; for it 
would be unavailing for any contractor or any employee to com- 
plain that his freedom of contract is abridged by such an act, for 
he need not work in behalf of or for the Commonwealth unless he 
wishes to ; and it is open to the Commonwealth to prescribe that 
all persons who do work for it, either directly or indirectly, shall 
be employed upon such terms as it may require. 

There may be constitutional objection, but I do not think it 
conclusive to such a rule, made by the Commonwealth as princi- 
pal, as shall require that all its agents shall pay their employees a 
particular or arbitrary price, greater than that which others of like 
capacity could earn for like service in an open market, and shall 
require them to work only a certain number of hours ; for this, in 
effect, may be held to require the expenditure of money, raised 
by taxation, for the benefit of a special and preferred class of 
persons called laborers, workmen and mechanics. It is not wholly 
clear how far the Legislature may go in paying gratuities from the 
public treasury to any class of its citizens, whether directly and 



1904.] PUBLIC DOCUMENT — No. 12. 39 

avowedly, or through the means of paying them a high price for 
short hours of labor ; but this question must be largely determined 
by the discretion of the Legislature itself. See Opinion of the 
Justices, 175 Mass. 599. 

It does not lie within my proper province to discuss the policy 
of the legislation, but I deem it not wholly inappropriate to sug- 
gest, as sustaining the reason of my opinion upon the legal aspects 
of the question, the axiomatic principle that citizens who must, 
through taxes imposed upon them, pay for public works, are enti- 
tled to have such work done under such conditions of economy 
as they could themselves adopt in their own enterprises, through 
the employment of labor during as many hours in the day, and for 
as low wages, as the legitimate conditions of business might per- 
mit. The excess which is paid on account of short days and high 
wages, fixed without discrimination as to excellence of work, can 
differ but little in principle from a donation exacted from the tax 
payer and bestowed upon the laborer. 

It is to be noted that the act distinguishes between employees 
upon public works in general and those who are in the service of 
charitable institutions. If the doctrine be sound, that the Com- 
monwealth may make whatever rule it sees fit for the employment 
of labor upon its own works, I think it may make any discrimina- 
tion as to employees, however arbitrary it may be. While citizens 
are entitled to the protection of equal laws, they are not equally 
entitled to be employed by the State, nor are they absolutely 
entitled to be employed upon equal terms. The Commonwealth, 
as proprietor, in making rules for its agents to follow, may exer- 
cise its own discretion, if prompted by the public welfare, even at 
the expense of its own interest, for the incidental benefit of some 
selected favorite. Therefore, though this discrimination against 
employees of charitable institutions may be ground for serious 
objection, in reason, it is, I think, nevertheless constitutional. 

So far as this act applies to hours of labor in public works of 
the Commonwealth, it is similar to the act of Congress of Aug. 1, 
1892 (27 U. S. Sts. at Large, 340). The validity of this act, 
so far as I can learn, has not yet been tested in the courts. The 
earlier United States statute (15 U. S. Sts. at Large, 77), 
which provided simply that, in the absence of a special contract, 
eight hours should constitute a day's work, was held to be valid, 
as merely prescribing a uniform rule to be followed by those 
agents when there was no reason why a different length of day 
should be contracted for. 

I am, with great respect, 

Very truly yours, 

Herbert Parker, Attorney- General. 



40 ATTORXEY-GEXERAL'S REPORT. [Jan. 



Pilots of Boston Harbor — Pilot Commissioners — Order pre- 
scribing Specific Channel. 

Under the provisions of R. L., c. 67, § 2, and in the absence of regulations 
to that effect imposed by the Congress of the United States, the Pilot 
Commissioners have no authority to require that, when in charge of 
heavy vessels, pilots shall enter and leave the port of Boston by a 
specific channel. 

July 8, 1903. 
Messrs. John C. Ross and Justus A. Bailey, Pilot Commissioners. 

Gentlemen : — In your letter of July 2, you state that you have 
been requested by the United States Engineer to order Boston 
pilots to enter and leave the port, when in charge of large, deep 
vessels, by the new Broad Sound channel, and you require my 
opinion whether you have authority to issue such orders. 

Section 4235 of the Revised Statutes of the United States 
provides : — 

Until further provision is made by Congress, all pilots in the bays, 
inlets, rivers, harbors, and ports of the United States, shall continue to 
be regulated in conformity with the existing laws of the states respec- 
tively wherein such pilots may be, or with such laws as the states may 
respectively enact for the purpose. 

R. L., c. 67, § 2, provides that the Pilot Commissioners shall 
cause the laws and regulations for pilotage within the harbor of 
Boston to be duly observed and executed. 

The regulations for pilotage are found in St. 1862, c. 176, at 
the end of the chapter. These regulations do not provide for any 
determination by the Pilot Commissioners through which channel 
or channels vessels shall be taken, and I am not informed in your 
letter that the regulations have ever been altered in that respect. 

Therefore, I am of opinion that you have no authority, of your 
own motion, to require pilots to take one channel, rather than 
another. If, however, the proper authorities of the United States 
government order that under certain circumstances vessels must 
pass out and in through Broad Sound channel while the main ship 
channel is being repaired, and communicate such order to you, as 
the head of the pilots of Boston harbor, you should transmit the 
order to the pilots. The failure by any pilot to obey the order 
would be ground for his suspension, in accordance with R. L., 
c. 67, § 2. 

Very truly yours, 

Herbert Parker, Attorney-General. 



1904.] PUBLIC DOCUMENT — No. 12. 41 



Pauper Law — Settled Pauper — Li ah Hit;] for Support. 
Where a pauper inmate of a State institution has a settlement in any city 
or town in this Commonwealth, such city or town is liable to the 
Commonwealth for his support, notwithstanding the fact that there 
may be kindred or other persons who are bound by law and are of 
sufficient ability to defray the expense incurred therefor. 

July 13, 1903. 
J. E. Lewis, M.D., Superintendent, State Adult Poor. 

Dear Sir : — In your letter of May 4 you state that iu certain 
cases the overseers of the poor of cities and towns within the Com- 
monwealth acknowledge the settlement of pauper inmates of State 
institutions to be in such cities and towns, but deny their liability 
for the support of such persons, for the reason that they allege 
that there are relatives or kindred bound by law to support the 
pauper, who are of sufficient ability so to do. 

R. L., c. 85, § 20, is as follows : — 

A city or town in which an inmate of the state hospital is found to have 
a legal settlement shall be liable to the commonwealth for his support 
in like manner as one town is liable to another in like cases ; and in such 
case, the state board of charity shall adopt such measures relative to 
notice, removal of a pauper and recovery of expenses as are prescribed 
for towns in like cases. 

Section 21 provides that : — 

The kindred who are liable by law to towns for expenses in supporting 
such paupers shall in like manner be liable to the commonwealth for 
any expense incurred for such paupers ; and the state board of charity 
may adopt the same measures and institute like proceedings for the 
recovery of such, expenses from the kindred so liable as are prescribed 
for towns in like cases. 

I am of opinion that where a pauper, an inmate of a State insti- 
tution, has a settlement in any city or town within this Common- 
wealth, such city or town is liable for his support, notwithstanding 
the fact that there may be some person or persons who are bound 
by law and who are able to defray the expense incurred by the 
Commonwealth. 

It is true that under the provisions of section 21, above quoted, 
the Commonwealth has an alternative remedy against the kindred 
of a pauper, should they be in a position to aid in his support ; 
but the liability for the maintenance of settled paupers who are 
inmates of State institutions is primarily imposed upon the cities 
and towns in which such paupers have settlements ; and it can 



42 ATTORXEY-GENERAL'S REPORT. [Jan. 

hardly be maintained that a city or town could successfully defend 
a claim brought by the Commonwealth under the provisions of 
R. L., c. 85, § 20, upon the ground that the kindred of the pauper 
for whose support the action was brought were also liable. 
Very truly yours, 

Herbert Parker, Attorney- General. 



Trading Stamp — Definite Article — Exchange. 

A trading stamp company may, under St. 1903, c. 386, issue trading stamps 
to merchants, for delivery to their customers, upon condition that a 
certain number of such stamps may be exchanged by the holder 
thereof for a definite and specified article, on inspection at the store of 
such company ; and the customer, after receiving the article specified, 
may further exchange it for any other article of equal value exhibited 
at such store, without violating the provisions of such statute. 

July 21, 1903. 
Rufus R. Wade, Esq., Chief of the MassacMsetts District Police. 

Dear Sir: — St. 1903, c. 386, provides that no person, firm or 
corporation shall, in connection with the sale of any merchandise, 
deliver trading stamps or similar devices, to be exchanged for any 
indefinite or undescribed article, the nature and value of which are 
not stated, or to be exchanged for any article not distinctly bar- 
gained for at the time when such trading stamps or other devices 
were delivered. You ask my opinion as to whether the following 
transaction is prohibited by this law : — 

A trading stamp company issues to merchants stamps to be 
delivered to their customers, upon condition that a certain number 
of stamps may be exchanged by any customer for a rocking chair 
valued at $4, similar to other rocking chairs on inspection at the 
company's store. When the stamps are delivered to the customer, 
it is agreed between the merchant and the customer that in ex- 
change for a certain number of them the customer may receive a 
rocking chair valued at $4, similar to other rocking chairs on in- 
spection at the company's store. It is further provided that if, 
after receiving the rocking chair in exchange for the stamps, the 
customer desires to exchange the chair for some other article in 
the store which is valued at the same price, he may do so. 

In my opinion, this transaction is not a violation of the above 
statute. 

Very truly yours, 

Herbert Parker, Attorney- General. 



1904.] PUBLIC DOCUMENT — No. 12. 43 



State Inspector and Assayer of Liquors — Certificate — Evidence 
— State Board of Health. 

The provision of R. L., c. 100, § 67, which made the certificate of the 
State inspector and assayer of liquors prima facie evidence of the com- 
position and quality of liquors examined by him, is not affected as to 
the competency of such certificate as evidence by the fact that, under 
St. 1902, c. 110, the office of State inspector and assayer of liquors was 
abolished, and the powers and duties of such officer were transferred 

to the State Board of Health. 

July 22, 1903. 

Samuel W. Abbott, M.D., Secretary, State Board of Health. 

Dear Sir: — You inquire in your letter of July 14 as to the 
effect of St. 1902, c. 110, upon R. L., c. 100, §§ 67 and 68, par- 
ticularly with regard to the provision contained in R. L., c. 100, 
§ 67, that the statement of the inspector and assayer of liquors 
with regard to the percentage of alcohol found by him in samples 
of liquors submitted to him shall be prima facie evidence of the 
composition and quality of the liquors to which it relates. The sec- 
tions in chapter 100 of the Revised Laws to which you refer estab- 
lished the duties of the State inspector and assayer of liquors, 
among which was the duty to " inspect and analyze all liquors sent 
to him by the licensing board of any city, the selectmen of any 
town, or by police officers or other officers who are authorized by 
law to make seizures of liquors." The result of his examination 
and analysis was to be embodied in a certificate signed by him " of 
the percentage of alcohol by volume at sixty degrees Fahrenheit 
which such samples of liquors contain." The section further pro- 
vides that such statement shall be prima facie evidence of the 
composition and quality of the liquors to which it relates. 

St. 1902, c. 110, is entitled " An Act to transfer the powers 
and duties of the inspector and assayer of liquors to the state 
board of health," and is as follows : — 

Section 1. The office of inspector and assayer of liquors is hereby 
abolished. 

Section 2. The powers and duties heretofore conferred and imposed 
on the inspector and assayer of liquors are hereby conferred and im- 
posed on the state board of health. 

The obvious purpose of this statute was to transfer to the State 
Board of Health the powers and duties of the inspector and assayer 
of liquors, one of which was to examine samples of liquors seized 
by the police authorities, and to prepare a certificate setting forth 
the results of his examination, which should be prima facie evi- 
dence of the composition of the liquors analyzed. 



44 ATTORNEY-GENERAL'S REPORT. [Jan. 

I have no hesitation in advising you that the weight of such cer- 
tificate as evidence remains unaffected by the enactment of St. 1902, 
c. 110. 

Very truly yours, 

Herbert Parker, Attorney- General. 



High School — Length of Course of Study — Tuition — Payment 

by Town. 

The effect of the provision in R. L., c. 42, § 2, that in a high school estab- 
lished thereunder " one or more courses of study, at least four years 
in length, shall be maintained," is to fix a minimum and not a maximum 
length for such course, and, in the discretion of the school committee, 
the course of study thereat may be made to exceed four years in length. 

Under R L., c. 42, § 3, providing that towns relieved of the duty to main- 
tain a high school of their own shall pay the expenses of tuition of 
residents therein who attend high schools in other towns, a pupil re- 
siding in a town which does not maintain a high school, and attending 
a high school elsewhere, who fails to graduate in due course, may be 
allowed a reasonable time in excess of that prescribed for the com- 
pletion of such course, or such pupil, if graduated in due course, may 
pursue an additional or post-graduate course for the purpose of secur- 
ing admission to a State normal school, technical school or college, 
provided such additional course includes only studies required by law 
to be taught in high schools. 

On the other hand, a pupil resident in a town in which no high school is 
maintained, and attending a high school in another town, who pursues 
an additional or post-graduate course which includes studies not re- 
quired to be taught in high schools of corresponding grade, cannot be 
reimbursed by the town of his residence for the expense of tuition 
incurred in taking such course. 

Aug. 17, 1903. 

C. B. Tillinghast, Esq., Acting Secretary, State Board of Education. 

Dear Sir : — You require my opinion upon certain questions 
relating to the construction of R. L., c. 42, § 3, as amended by 
St. 1902, c. 433, as follows : — 

"1. Does the law contemplate a regular four years' course in 
the high school, and no more ? 

" 2. If a student so attending in some other town or city wishes 
to take a post-graduate course for a year, more or less, or if a 
student fails to graduate at the end of the four years' course, 
and wishes to attend longer, is the town liable in either case for 
the tuition in excess of the four years' course ? " 

R. L., c. 42, § 3, which, so far as it is material to the present 
inquiry, is not affected by the amendment enacted in St. 1902, 
c. 433, provides that : — 



1904.] PUBLIC DOCUMENT — No. 12. 45 

A town of less than five hundred families or householders in which a 
public high school or a public school of corresponding grade is not 
maintained shall pay for the tuition of any child who resides in said 
town and who, with the previous approval of the school committee of 
his town, attends the high school of another city or town. If such town 
neglects or refuses to pay for such tuition, it shall be liable therefor to 
the parent or guardian of a child who has been furnished with such 
tuition if the parent or guardian has paid for the same, and otherwise to 
the city or town furnishing the same, in an action of contract. If the 
school committee of a town in which a public high school or public 
school of corresponding grade is not maintained refuses, upon the com- 
pletion by a pupil resident therein of the course of study provided by 
it, to approve his attendance in the high school of some other city or 
town, which he, in the opinion of the superintendent of schools of the 
town in which he is resident is qualified to enter, the town shall be liable 
in an action of contract for his tuition. A town whose valuation does 
not exceed five hundred thousand dollars shall be entitled to receive 
from the treasury of the commonwealth all necessary amounts which 
have been actually expended for high school tuition under the provisions 
of this section, if such expenditure shall be certified under oath to the 
board of education, by its school committee within thirty days after the 
date of such expenditure, and such high school shall have been approved 
by the board of education. 

Section 2 provides in part that every city and town containing, 
according to the latest census, five hundred families or household- 
ers, shall, and any other town may, maintain a high school, in which 
instruction shall be given in certain studies prescribed by section 
one of the same chapter, and in such additional subjects as may be 
required for the general purpose of preparing pupils for admission 
to State normal schools, technical schools and colleges. The 
section contains the further provision that " one or more courses 
of study, at least four years in length, shall be maintained in said 
high school." 

Upon consideration of the provisions of law above referred to, I 
am of opinion that the statute is not to be construed to limit the 
duration of any course of study to a period of four years. The 
force and effect of the words " at least four years in length," as 
used in section 2, is to establish a minimum and not a maximum 
length for such courses ; and, in the discretion of the school com- 
mittee of a town in which a high school is situated, the courses of 
study thereat may exceed four years in length. 

In the case of a pupil attending a high school maintained by a 
town other than that in which he resides, who fails to graduate in due 
course, I am of opinion that a reasonable time in excess of that 
prescribed may be allowed for the completion of the course, sub- 
ject always to the decision of the competent authorities that such 



46 ATTORXEY-GEXERAL'S REPORT. [Jan. 

additional attendance will be of advantage to the pupil himself. 
If the pupil himself elects to continue his studies beyond the 
regular and fixed course of study at the school which he attends, 
by taking a " post-graduate " course, so called, the question is one 
of more difficulty. If it be assumed that by post-graduate course 
is meant a course of study additional to and following upon the 
usual and regular course given at such high school, and including 
studies which are not required to be taught in high schools or 
schools of corresponding grade, I am of opinion that the town in 
which such pupil resides, and in which no high school is maintained, 
may not be charged with the expense so incurred, since the course 
of study chosen is not one which the town is obliged by law to 
furnish. If, on the other hand, the additional course includes 
only such studies as are by law required to be maintained in high 
schools, and is chosen by the pupil for the purpose of securing 
admission to a State normal school, technical school or college, and 
for the reason that the regular course of study maintained at such 
school is not sufficient in and of itself to secure the desired result, 
the expense incurred for such additional attendance constitutes in 
my opinion a proper charge against the town in which such pupil 
has his residence. 

Very truly yours, 

Herbert Parker, Attorney- General. 



Metropolitan Park Commission — Police Jurisdiction — Parks — 
Local Police — Bight of Entry. 

The authority of the Metropolitan Park Commission with regard to police 
regulation of public open spaces does not differ from that exercised 
by such commission over parkways and boulevards ; and the entrance 
thereon of local police authorities, as such, must be limited to the 
pursuit and apprehension of persons who have violated some statute, 
ordinance or regulation within their jurisdiction, and have sought 
refuge upon land controlled by such commission. 

Aug. 21, 1903. 
John Woodbury, Esq., Secretary, Metropolitan Park Commission. 

Dear Sir: — You inquire in your communication of August 13 
as to the extent of the authority of the police appointed by a city 
or town within the limits. of land taken for public open spaces 
under St. 1893, c. 407, the act by which your commission was 
created and established. 

The legislation relating to this question was cited and elaborately 
discussed in an opinion addressed to the Metropolitan Park Com- 
mission under date of Aug. 7, 1902, in which I advised the commis- 
sion that the authority of the local police to enter upon roadways 



1904.] PUBLIC DOCUMENT— No. 12. 47 

and boulevards exclusively controlled by the Metropolitan Park 
Commission is confined to the pursuit and apprehension of persons 
who have committed a breach of any statute, ordinance or regula- 
tion within the limits of an adjacent city or town, and have taken 
refuge upon such roadways or boulevards ; and that they have no 
authority to enter upon roadways or boulevards subject to the 
jurisdiction of the commission for the general purpose of main- 
taining the public peace and order thereon. 

The only ground for believing that a distinction may be made 
between the authority which the commission may exercise over 
public open spaces acquired under the provisions of St. 1893, 
c. 407, to which your present inquiry is directed, and the authority 
of the commission over roadways and boulevards, as defined in the 
opinion above referred to, is found in the language of St. 1894, 
c. 288, § 3, which is in part as follows : — 

In furtherance of the powers herein granted, said board may appoint 
clerks, police and such other employees as it may from time to time find 
necessary for the purposes of this act, remove the same at pleasure, and 
make rules and regulations for the government and use of the roadways 
or boulevards under its care, breaches whereof shall be breaches of the 
peace, punishable as such in any court having jurisdiction of the same ; 
and in addition said board shall have the same rights and powers over 
and in regard to the roadways or boulevards taken and constructed 
hereunder as are or may be vested in them in regard to other open spaces 
by said chapter four hundred and seven and acts in amendment thereof 
and in addition thereto, and shall also have such rights and powers in 
regard to the same as, in general, counties, cities and towns have over 
public ways under their control. 

The concluding provision of the above-quoted statute, by which 
the commission is given all the rights and powers with regard to 
parkways and boulevards that the local authorities have over public 
ways subject to their control, does indeed confer upon the com- 
mission rights and powers over such ways which are not included 
in the authority granted to the commission in dealing with public 
open spaces or reservations ; but I am of opinion that the rights 
and powers so conferred are to be construed as relating rather to 
the granting and use of street railway and other franchises and 
like matters, which are peculiar to the control and use of public 
ways, than to matters of police jurisdiction over such ways. 

It follows, therefore, that the authority of the Metropolitan Park 
Commission with regard to police regulation of public open spaces 
does not differ from that which they have over parkways and 
boulevards, as defined in the opinion of last year, already referred 
to; and that the entrance of the local police authorities, as such, 



48 ATTORNEY-GENERAL'S REPORT. [Jan. 

in the discharge of their duties, upon such open spaces must be 
solely for the purpose of pursuing and apprehending persons who 
have violated some statute, ordinance or regulation within their 
jurisdiction, and have sought refuge upon lands controlled by your 
commission. 

Very truly yours, 

Herbert Parker, Attorney-General. 



Commonwealth — Actions by Agents or Representatives — Entry 

Fee. 

In all cases where proceedings are instituted by persons appearing and 
acting as duly authorized agents or representatives of, and for the 
establishment or protection of any right or interest in the Common- 
wealth, the Commonwealth is the plaintiff in such action, within the 
meaning of R. L., c. 204, § 6, par. 10, and no entry fee is chargeable 
therefor. 

Sept. 17, 1903. 

John Noble, Esq., Clerk Supreme Judicial Court, Suffolk County. 

Dear Sir: — Your letter under date of Sept. 15, 1903, in rela- 
tion to the payment of entry fees by the Commonwealth, is before 
me. I appreciate the importance of the question in its relation to 
your duties as clerk, and realize that, upon your request, I ought 
to advise you by formal opinion of the reasons for holding that 
the entry fees in the cases under consideration are not chargeable 
against the Commonwealth. 

It is provided by R. L , c. "204, § 6, par. 10, that k< in civil actions 
in which the Commonwealth or a county is the plaintiff, no entry 
fee shall be paid." 

No question, I take it, can arise where the Commonwealth is in 
name as well as in fact the plaintiff or petitioner. The only field 
of question I assume to be where the party plaintiff is a commis- 
sion or officer of the Commonwealth, suing as such. Obviously, 
where commissioners or officers have been created by law and 
intrusted with the care and enforcement of particular and specific 
rights of the Commonwealth, action must be taken exclusively by 
such officer or commission for and in behalf of the Commonwealth ; 
and in order to show such authority to sue, such officer or commis- 
sion must be named with the specification of his representative 
capacity. A proceeding for relief, remedy, redress or restraint 
for and in behalf of the Commonwealth, and brought in the name 
of those agents to whom the subject-matter of the proceeding has 
been expressly delegated by law, must, in my opinion, be taken to 
be, under the provisions of the section of the statute above re- 
ferred to, a civil action, in which the Commonwealth is the plain- 



1904.] PUBLIC DOCUMENT — No. 12. 49 

tiff. The agent, except in his purely representative capacity, has 
no interest in or concern with the proceeding or its results ; he is 
only the instrument by which the Commonwealth acts. 

These conclusions, I think, must follow upon a consideration of 
the provisions of the statute unaided by judicial instruction. I 
believe, however, that the conclusion is positively sustained and 
confirmed by the opinion of the court in Dewey v. Garvey, 130 
Mass. 86, it being there held that a State lunatic hospital, with 
relation to a contract, is to be taken to be " the substitute or 
representative of the Commonwealth itself, and the party in 
interest must necessarily be the Commonwealth." 

The case of Flagg v. Bradford, 181 Mass. 315, is even more 
decisive, to my mind. There the action was in contract against 
Edward S. Bradford, as Treasurer and Receiver-General of the 
Commonwealth. The court holds (p. 316) that the action is in 
substance and effect an action against the Commonwealth, "and, 
although nominally against the defendant, it seems to us plain that 
the action is really against the Commonwealth." 

I am, therefore, of opinion that in all cases where proceedings 
are instituted by persons appearing and acting solely as represent- 
atives or agents, with due authority, for the Commonwealth, and 
asserting or affirming a right or interest of the Commonwealth, no 
entry fee is properly chargeable in any of our courts. 
Very truly yours, 

Herbert Parker, Attorney- General. 



Appropriation — Special Committee — Expenses — Expert Advice. 

The committee appointed by the Governor under the provisions of Res. 
1903, c. 86, to investigate and report upon the legislation needed to 
authorize the making of public improvements under a more extensive 
exercise of the right of eminent domain than is now permitted by the 
constitution and laws of the Commonwealth, is not authorized to incur 
expense for expert advice, to be paid for outside the appropriation 
for " clerk hire, printing and postage," made by such resolve. 

To His Excellency John L. Bates, Governor. Sept " 18 ' 1903 ' 

Sir : — Your Excellency transmits to me a letter from Mr. Leslie 
C. Wead, under date of September 10, which 1 return herewith, 
referring to the provisions of chapter 86 of the Resolves of 1903, 
and inquiring whether the committee, of which he is one, appointed 
under that resolve, has authority to employ expert advice to be 
paid for outside of the one thousand dollar allowance for clerical 
assistance. 

The resolve is as follows : — 



50 ATTORNEY-GENERALS REPORT. [Jan. 

Resolved, That the governor, with the advice and consent of the coun- 
cil, be authorized and requested to appoint, not later than the thirtieth 
day of June in the year nineteen hundred and three, a committee to con- 
sist of three or more suitable persons, one of whom he shall designate 
as chairman, to investigate and report upon the legislation needed to 
enable the general court, by special acts, subject to other provisions of 
the constitution, to authorize any city, town or state commission to take 
in fee, to purchase, or otherwise to acquire for public purposes and in 
connection with any given public work, all or any part of the land with- 
in certain defined limits, and after appropriating for such public work 
so much of the land so taken as is needed therefor to sell or lease the 
remainder. The committee may employ such assistance as may be 
necessary, shall give a hearing to all persons desiring to be heard upon 
the subject, and shall make a report of their doings, with such recom- 
mendations as they may deem proper, to the next general court. The 
committee may expend in the performance of its duties such sum for 
clerk hire, printing and postage, not exceeding one thousand dollars, as 
the governor and council may determine, to be paid out of the treasury 
of the Commonwealth. The powers of the committee shall terminate 
on the making of their report, and they shall annex to their report the 
draft of a bill in accordance with such recommendations, if any, as they 
may make. 

I am of the opinion that the true construction of the resolve does 
not permit such employment as is contemplated by the inquiry. 
No expenditure by the committee can be permitted except such as 
is expressly authorized by the terms of the act, or arises by neces- 
sary implication therefrom, and no expenditure can be authorized 
by implication unless such be necessary to insure the declared 
purpose of the act. 

I do not think that under this rule of construction the expenditure 
would be authorized, for I am of the opinion that the Legislature 
contemplated the appointment upon the committee of gentlemen 
who had peculiar knowledge of the conditions and issues with 
which they were to deal, and intended to rely upon their judgment 
and opinion rather than upon advice of others which, for a com- 
pensation, they might secure ; and Your Excellency has appointed 
gentlemen of such character, experience and sagacity as to make 
their opinions of the highest value. 

The use of the phrase " may employ such assistance as may be 
necessary " might possibly suggest an authority for the employ- 
ment of some forms of necessary assistance ; but that which is sug- 
gested by the inquiry of Mr. Wead does not appear to me to fall 
within the range of the assistance contemplated. I rather incline to 
the opinion that the phrase " may employ such assistance as may be 
necessary " is to be taken in connection with the later provision for 



1904.] PUBLIC DOCUMENT — No. 12. 51 

clerical assistance, the expense for which is expressly limited. 
In other words, I think the true intent of the resolve, considering all 
its provisions, is that the expenditures authorized to be made are 
limited to the sum of one thousand dollars ; and I am confirmed in 
this view by the use of the phrase "The committee may expend 
in the performance of its duties such sum for clerk hire," etc., to be 
paid out of the treasury of the Commonwealth. 

I would add further that I think the provision that " the com- 
mittee may employ such assistance as may be necessary " must be 
held to relate to that assistance incidental to the mere administra- 
tive detail of the work of the committee itself. 

The duties of the committee are in some respects analogous to 
those of a court. They are charged with the duty of making an 
inquiry by conducting hearings ; they are to form and report such 
opinions as their own judgment may approve or suggest, or may 
be developed from the hearing of testimony ; and I think it quite 
clear that no court would seek to have its responsible judgment 
instructed by opinions for which it would make payment. 

It may be that the committee might be aided in the prosecution 
of their work by reports made and opinions rendered to them by 
persons of peculiar knowledge of the subject under investigation ; 
but I think that the Legislature expected that such opinions would 
be presented in the form of testimony of persons interested in the 
inquiry, and that thus the committee would have the benefit of such 
opinions, and the opportunity of passing upon their value before 
reaching their conclusions. 

Very truly yours, 

Herbert Parker, Attorney- General. 



Civil Service — Police Officer of the City of Cambridge — Pro- 
motion. 

The city of Cambridge is not exempted by its charter (St. 1891, c. 364, as 
amended by St. 1896, c. 173, and St. 1902, c. 357) from the operation 
of the civil service law and rules, and promotion made thereunder in 
the police department of such city must be accomplished subject to 
the established regulations of the Civil Service Commission. 

Oct. 1, 1903. 
Hon. Charles H. Porter, Chairman, Civil Service Commission. 

Dear Sir : — In your letter received September 8 you state that 
the Hon. John H. H. McNamee, mayor of Cambridge, in the 
course of making certain changes in the police force of that city 
has promoted a policeman from the grade of patrolman to that of 



52 ATTORNEY-GENERAL'S REPORT. [J 



an 



sergeant, without notifying your Board ; and you request my 
opinion whether promotions in the police force of Cambridge are 
governed by the civil service rules. 

The civil service law is to be found in chapter 19 of the Revised 
Laws, and in your rules. Section 7 of the law provides that the 
Civil Service Commission shall include in their rules provisions for 
promotions, if practicable, on a basis of ascertained merit in the 
examinations and seniority of service. Section 9 provides that 
such rules shall apply to members of the police and fire depart- 
ments of cities ; and by Rule VII. your Board classified the mem- 
bers of the police force in Class 3 (c) of Schedule B " the regular 
and reserve forces of, and all persons doing permanent police duty 
in and for and paid by, any city of the Commonwealth, except the 
city of Boston." 

Section 19 of the law provides : — 

The name and residence of every person, except laborers, appointed 
to, promoted or employed in a position coming within the rules govern- 
ing the civil service, the designation of such position and the rejection 
or discharge of every such person, shall forthwith be reported to the 
commissioners by the officer making such appointment, promotion, rejec- 
tion or discharge, or providing such employment. 

Under this law your Board made the following rules : — 

Rule XXXVI. Every officer having the power of appointment to 
any position in the first division shall, within ten days, give notice in 
writing to the commissioners of the name and place of residence of any 
person appointed and employed in such position, of the rejection of any 
such person during or after promotion, and of the transfer, promotion, 
resignation or removal, discharge or death, of any person serving under 
him, with the dates thereof. 

Rule XL., CI. 3. Promotions in Class 3 of Schedule B shall, so far as 
practicable, be by successive grades and by competitive or non-competi- 
tive examination, as the commissioners may determine : provided, how- 
ever, that no special, supernumerary, substitute, reserve or temporary 
police officer, under whatever designation (unless a permanent reserve 
force in any city is established by act of the legislature), shall be pro- 
moted to the regular or permanent force, or assigned to permanent duty, 
except after competition with all applicants for said force. 

Whether promotion of the patrolman in question, by competitive 
or non-competitive examination, was practicable or not, was a 
question of fact determinable not by the mayor, but by your com- 
mission alone. But aside from this issue, upon which it may well 
be contended that the Honorable Mayor has ignored the law, he 
was certainly, in my opinion, required to notify your commission 



1904.] PUBLIC DOCUMENT — No. 12. 53 

of the promotion, however made, unless the city of Cambridge is 
exempt by its charter from the application of the civil service law 
and rules. 

The provisions in the Cambridge charter (St. 1891, c. 364, as 
amended by St. 1896, c. 173, and St. 1902, c. 357) which may 
apply to the situation are the following : — 

Section 8. He [the mayor] shall at all times have the control and 
direction of the police force. 

Section 10. The mayor, after due hearing, may, with the approval 
of a majority of the board of aldermen, remove . . . any member of 
the police force. 

Section 28. The board of aldermen shall, from time to time, fix the 
number and compensation of the members of the police force, and 
establish general regulations for its government. 

The control of the police force to be exercised by the mayor, as 
contemplated by the provisions of the city charter, must be, in my 
opinion, confined in its application to the police force as created 
and existing under the limitations of the general laws. Such con- 
trol must be, I think, an administrative and not a creative author- 
ity. A like construction must also, in my opinion, be put upon 
section 28 of the city charter above referred to. That act cannot, 
I think, be construed as conferring upon the board of aldermen 
any power, to the exclusion of the authority of your commission, 
by virtue of which the appointment or qualification of an officer is 
to be determined. The function of the board of aldermen in this 
respect, as declared by the charter, is, in my opinion, also an ad- 
ministrative one. I find, therefore, in these provisions of the 
charter, above cited, nothing which is inconsistent with the appli- 
cation of the civil service law to the police force of Cambridge. 
Power to make general regulations for the government of officials 
is not inconsistent with the specific power given to the commission 
to apply their tests to the persons who are to become members of 
the police force, or, if practicable, to those who are to be promoted 
therein. In other words, the qualification of membership of the 
police force of the city of Cambridge is subject to the established 
regulation of your commission. 

I therefore conclude, and have the honor to advise you, that 
upon the facts stated, the Hon. John H. McNamee, mayor of 
Cambridge, has failed to comply with a distinct and obligatory 
requirement of law. 

Very truly yours, 

Herbert Parker, Attorney-General. 



54 ATTORNEY-GENERAL'S REPORT. [Jan. 



Co-operative Bank — Loan — Security — Second Mortgage. 

The purpose of R. L., c. 114, § 14, providing that every loan made by a 
co-operative savings bank shall be secured by a mortgage of real estate 
situated within the Commonwealth, and unencumbered by any mort- 
gage or lien " other than such as may be held by the bank making the 
loan," was to secure the result that property mortgaged to a co-opera- 
tive savings bank should not be subjected to any liens or mortgages 
other than those held by the bank itself; and such statute does not 
forbid a second mortgage upon property upon which the same bank 
holds a first mortgage, provided that such property is not thereby 
encumbered to an amount exceeding its real value. 

Oct. 15, 1903. 
Hon. Warren E. Locke, Chairman, Board of Savings Banks Commissioners. 
Dear Sir : — Your letter of October 10 requires my opinion 
upon the legality of a transaction which you state to be as follows : 
" A party takes out 25 shares in a co-operative bank, pledging the 
same and securing a loan on mortgage of real estate for 85,000, 
after which another party takes out 4 shares in the same bank, 
and gives a second mortgage on the same property for $200, 
pledging the 4 shares for the same. Separate notes are given for 
the respective amounts." 

The only question affecting the legality of the transaction as 
above described is whether the provision in R. L., c. 114, § 14, 
that every loan shall be secured by a mortgage of real estate situ- 
ated in the Commonwealth and unencumbered by any mortgage or 
lien "other than such as may be held by the bank making the 
loan," is to be construed as requiring that the only mortgage exist- 
ing upon the real estate so designated shall be that which secures 
the particular loan in question, or as permitting several independ- 
ent loans by the same bank to be secured by independent mort- 
gages upon such real estate. 

I am of opinion that it was the intent of the statute to permit 
different mortgages upon the same real estate as security for dif- 
ferent loans, provided that the directors are satisfied that the 
property is not subjected to mortgages exceeding in amount its 
real value as ascertained by them. 

In St. 1877, c. 224, § 8, it was provided that loans by co-opera- 
tive savings banks should be secured by a mortgage upon real 
estate. By St. 1881, c. 271, § 1, this act was amended so as to 
require that the mortgage should be a first mortgage ; and this 
provision was substantially re-enacted in P. S , c. 117, § 13. The 
provision was enacted in its present form in St. 1894, c. 342. 
The evident intention of these statutes was to secure the result 



1904.] PUBLIC DOCUMENT — No. 12. 55 

that property mortgaged to co-operative savings banks should not 
be encumbered by any liens or mortgages other than those held by 
the bank itself. 

Very truly yours, 

Herbert Parker, Attorney- General. 



Dancers Insane Hospital — Trustees — Water Supply — Contract 
ivith Town — N&io Building. 

Under a contract in force between the Commonwealth and the town of 
Danvers, by which it is agreed that the Commonwealth may take, free 
of charge, water from the water supply of the town for the use of the 
Danvers Insane Hospital, " and of all buildings that at any time may 
be owned by the State on the grounds ; and also for use on the 
grounds themselves, as now laid out, for any purpose," the Common- 
wealth may, without payment, take water from the town supply for 
use in and for a building upon land acquired subsequent to the making 
of such contract, but not for any independent use upon the grounds 
so acquired. 

Oct. 22, 1903. 
Trustees of the Danvers Insane Hospital. 

Gentlemen: — You desire my opinion upon the following 
question : under a duly authorized contract, which is in force 
between the town of Danvers and the Commonwealth of Massa- 
chusetts, the Commonwealth is entitled to use the town water for 
the Danvers Insane Hospital free of charge, and, at its own ex- 
pense, for pipes to take water for such purpose directly from the 
town pipes. 

It appears that the trustees are erecting a new hospital building 
upon land which they have recently purchased adjoining the land 
which the Commonwealth owned for the hospital at the time when 
the contract was executed. The question is, whether the Com- 
monwealth has the right, under the above-mentioned contract, to 
use the town water for its new building free of charge. 

The material provision of the contract is as follows : — 

The town of Danvers shall . . . perpetually keep a constant and 
ample supply of water in the reservoir, and permit the State to take 
therefrom, in any manner and at any time, all the water which the State 
through any of its authorized agents may desire or deem proper for the 
use of the hospital, and of all buildings that at any time may be owned 
by the State on the grounds ; and also for use on the grounds themselves, 
as now laid out, for any purposes whatever. The State may at any 
time, at its own expense for pipes, take water for any purposes before 
named directly from the pipes to be laid by the town. 



56 ATTORXEY-GEXERAL'S REPORT. [Jan. 

The important clauses are the following : — 

All the water which the State through any of its authorized agents 
may desire or deem proper for the use (1) of the hospital, (2) and of all 
buildings that at any time may be owned by the State on the grounds ; 
(3) and also for use on the grounds themselves, as now laid out, for any 
purposes whatever. 

If this provision did not proceed beyond clause 1, the Common- 
wealth might undoubtedly take water for the use of an additional 
hospital building. The true intent of the words " the hospital," 
there being no expression to the contrary, must be the hospital as 
an institution, not the hospital as a specific existing building, 
which, at the date of the contract, is used for the hospital. 

Clause 2, I think, amplifies the provision of clause 1 so as to 
allow the free use of the town water in all buildings that at any 
time may be owned by the State on the extensive grounds, whether 
they are buildings used for hospital purposes, or not. I do not 
think the intention of clause 2 is to restrict the meaning of clause 
1 to such hospital buildings as may be later built upon grounds 
limited to those owned at the time of the contract. I am of opinion 
that the word " grounds " must be construed to mean any and all 
grounds owned at any time by the State, and connected with and 
used for hospital purposes. 

Clause 3 also amplifies the provisions so as to allow the use of 
the town water not only for hospital purposes, but also for any 
use whatever on the grounds of the hospital " as now laid out," 
the latter words being used to distinguish between a use upon the 
grounds and a use for the hospital as such, and to guard against 
such future laying out of the extensive grounds as might require a 
great, and perhaps unlimited, quantity of water for outside and 
non-essential purposes, or against the watering of new grounds 
that might be acquired. Such outside use of water being obviously 
in the nature of a luxury, rather than a necessity, the contract 
restricted such use upon the grounds to the grounds as then laid 
out. 

My conclusion is that the Commonwealth may take, without 
payment, water from the town supply for use in and for the new 
building, but not for independent use upon the new grounds, and 
I so advise you ; though I realize that there is opportunity for 
argument that the intention may have been to apply clause 1 only 
to the hospital building, and that clause 2 was intended to restrict 
the right of the Commonwealth to buildings later erected on the 
grounds then owned, and that the right of the Commonwealth 
could not be extended to buildings, though a part of the hospital, 



1904.] PUBLIC DOCUMENT— No. 12. 57 

but erected upon land later acquired. I hold, nevertheless, that 
the advice I submit is based upon the sounder and more tenable 
ground of construction. 

Very truly yours, 

Herbert Parker, Attorney- General. 



Militia — Armory Commissioners — Erection of Boat-house for 
the Use of the Naval Reserve. 

A boat-house, for the storage of boats and other equipments used by a 
company of the Naval Reserve, located in a city or town, is a part of 
the armory required to be furnished by such city or town for the use of 
the volunteer militia quartered therein, and may be erected under the 
provisions of R. L., c. 16, § 107, authorizing the Armory Commis- 
sioners to acquire land in any city or town within the limits of which 
two or more companies of militia are located, and to erect an armory 
thereon for the use of such militia. 

Nov. 4, 1903. 
George Howl and Cox, Esq., State Armory Commissioner. 

Dear Sir : — You have submitted to me the following question : 
"In Springfield, which has a State armory, it is desired to erect 
a boat-house for Company H of the Naval Brigade, which will 
probably cost from $7,000 to $8,000, and the city would like to 
build this under the armory act. Of course they have a State 
armory, and this would be practically another armory, for the use 
of the Naval Militia in the summer season." You add that it 
seems to you that the law is broad enough to accomplish this. 

Company H of the Naval Brigade of Springfield is a part of the 
militia of the Commonwealth, for which the law requires that 
adequate equipment and quarters shall be provided. P. L., c. 16, 
§ 107, require that the Armory Commissioners shall acquire, in 
each city or town in which two or more companies of militia are 
located, suitable land, and erect thereon an armory for the com- 
panies and militia headquarters and detachments of the militia 
located in said city, together with necessary rooms for drills and 
care of state property. 

Adequate buildings for the care and equipment, including boats 
and other property, of the Naval Brigade, together with necessary 
and appropriate rooms for drills, must be furnished under the law 
of the Commonwealth ; and if the armory in Springfield, erected 
or in process of erection for the military companies of the militia, 
is not adaptable and cannot be adapted to the needs and require- 
ments of the Naval Brigade, then another structure for that brigade 
must be provided, and may be well considered to be a part of the 
armory contemplated by the statute. 



58 ATTORNEY-GENERAL'S REPORT. [Jan. 

In an opinion given in reply to a question asked by the Adjutant- 
General on July 14, 1902, the Attorney-General held that the city 
of Springfield was under the duty of erecting a boat-house for the 
care of the boats and other paraphernalia used by the company of 
the Naval Reserve located in that city. 

I am of opinion, therefore, that a boat-house, such as is sug- 
gested in the inquiry which you submit to me, is to be considered 
a part of the armory, and may properly be erected under the 
armory act. 

Very truly yours, 

Herbert Parker, Attorney-General. 



Civil Service — Chief Clerk of the Board of Assessors for the 
Toivn of Brookline. 

The office of chief clerk of the board of assessors for the town of Brook- 
line is within the operation of the civil service law and rules, and the 
person chosen to fill such office must be chosen thereunder, notwith- 
standing the fact that such person is himself a member of the board 
of assessors, and employs a substitute to perform the duties of such 
office. 

Nov. 19, 1903. 

Hon. Charles H. Porter, Chairman, Civil Service Commission. 

Dear Sir: — I have your letter of October 6, requesting my 
opinion whether, upon the facts submitted, certain individuals in 
the service of the board of assessors for the town of Brookline are 
within the classification established by Civil Service Rule VII., 
Section 2. It appears that a member of the board of assessors for 
the town of Brookline was elected by that board to the office of 
assessors' chief clerk, the salary of which was, by appropriate action 
of the town, fixed at $1,500. He, in turn, employed a second in- 
dividual to perform the clerical duties which the office demanded, 
paying him for his services the sum of $1 ,200. The person actually 
elected to the office of chief clerk is also in receipt of a salary of 
$1,500 as a member of the board of assessors. 

Rule VII., Section 2, Schedule A, provides that: — 

Schedule A shall include clerks, copyists, recorders, bookkeepers, 
inspectors, agents, almoners, visitors, stenographers, typewriters, mes- 
sengers, and persons rendering service similar to that of any of the 
above-specified positions, in the service of the Commonwealth or of any 
city thereof, under whatever designation, whether such service is per- 
manent or temporary, and whether the same is paid by time for work 
done, by the piece, or in any other manner. 

I am of opinion that the office of chief clerk of the board of 
assessors for the town of Brookline is clearly within the operation 



1904.] PUBLIC DOCUMENT — No. 12. 59 

of the civil service law and rules ; and that the person chosen to 
fill such position must be chosen thereunder, notwithstanding the 
fact that he may also be a member of the board itself, for the reason 
that the two offices are entirely distinct, both as to duties and as 
to compensation. 

The person actually performing the duties of chief clerk, on the 
other hand, must, in my opinion, be regarded as a private employee 
of the chief clerk, who is responsible for his conduct, and from 
whom he receives his compensation. 
Very truly yours, 

Herbert Parker, Attorney- General. 



School District — Joint Committee of School Committees — Certifi- 
cation of Salary of Superintendent of Schools. 
In a school district organized under the provisions of R. L., c. 42, § 43, the 
joint committee of school committees of the several towns forming 
such district, which is thereby authorized to act as agent of such 
towns, may certify to the several town treasurers the proper propor- 
tions of the salary of the superintendent of schools, without securing 
the approval of any other local board or authority. 

Dec. 2, 1903. 

€. B. Tillinghast, Esq. , Acting Secretary, State Board of Education. 

Dear Sir : —You desire to be advised whether, in case a school 
district is organized under the provisions of R. L., c. 42, § 43, the 
joint committee of school committees, which is authorized thereby 
to act as agent for each town in the union, may certify to the 
several town treasurers the salary of the superintendent of schools, 
without the approval of any local board. 

R. L., c. 42, § 44, provides that: — 

The school committees of such towns shall be a joint committee, which, 
for the purposes of such union, shall be the agents of each town therein. 
. . . They shall choose, by ballot, a superintendent of schools, deter- 
mine the relative amount of service to be performed by him in each 
town, fix his salary, apportion the amount thereof to be paid by the 
several towns and certify it to each town treasurer. 

I am of opinion that the joint committee of school committees is 
authorized to certify to the town treasurer the salary of the super- 
intendent without obtaining the approval of any local board. 
Within the scope of its authority, the joint committee becomes the 
agent of each town, and its acts are binding upon each town com- 
posing the union. See Freeman v. Bourne, 170 Mass. 289, 293. 
There can be no doubt, therefore, that the town committee of 
school committees, established under the provisions of R. L., c. 42, 



60 ATTORNEY-GENERAL'S REPORT. [Jan. 

§ 43, may, as agent of the town, certify the proper proportion of 
the salary of the superintendent to the town treasurer of any town 
within the district without the intervention of any other local 
authority. 

Very truly yours, 

Herbert Parker, Attorney-General. 



Women — Right to participate in Caucuses. 

Under existing statutes, women are not entitled to participate in or to 
vote at the caucuses of the several political parties. 

Dec. 7, 1903. 
To His Excellency John L. Bates, Governor. 

Sir : — In reply to your request for the opinion of the Attorney- 
General as to the right of women to vote in caucuses, I have the 
honor to say that in my opinion women have not that right. 

It is clear that women have no inherent or constitutional right 
to vote, either in elections or in caucuses, consequently their rights 
are wholly derived from statutes. 

There is no statute which expressly gives to them the right 
to vote in caucuses. R. L., c. 11, § 13, re-enacting St. 1898, 
c. 548, § 14, provides : — 

Every female citizen having the qualifications of a male voter re- 
quired by the preceding section may have her name entered upon the 
list of voters for school committee, and shall have the right to vote for 
members of the school committee upon complying with the require- 
ments hereinafter set forth. 

The right to vote, here expressly given, is without doubt the 
right to vote at elections. In fact, with the exception of St. 1881, 
c. 191, § 1, the earlier statutes (P. S., c. 6, § 3 ; St. 1884, c. 298, 
§ 4 ; St. 1890, c. 423, § 5 ; St. 1892, c. 351, § 3 ; St. 1893, c. 417, 
§ 14) use the word " elections." 

The right to vote in caucuses, if given at all, is given by impli- 
cation. Such an implication is not inconsistent with the statutes 
which provide regulations for the government of caucuses. R. L., 
c. 11, §§ 91, 92. See also §§ 67, 60, 44. Furthermore, in favor 
of such an implied right, it may be urged that the right to vote at 
elections requires, to make it effective, the right to vote in the 
caucuses ; in other words, that the right to vote in the caucuses is 
an iucident of the right to vote at elections. 

There is, however, a statutory provision in R. L., c. 11, § 144, 
which tends to rebut this implication. It there appears that 



1904.] PUBLIC DOCUMENT — No. 12. 61 

*' women who are qualified to vote may sign nomination papers for 
candidates for the school committee." From this it may fairly be 
argued that, since the Legislature deemed it necessary to make a 
special provision to enable women to sign nomination papers, it 
would have been equally necessary to have made a special provision 
to enable them to vote in caucuses. 

A further indication of the intention of the Legislature is to be 
found in the fact that the Legislature in 1901 was petitioned to 
enable women to participate in caucuses for school committee ; 
that a bill was introduced amending St. 1898, c. 548, § 91, by 
changing the oath therein contained and by adding at the end of the 
section, " Women entitled to vote for school committee shall have 
the right to take part in any caucus, in which candidates for school 
committee or delegates to any convention at which candidates for 
school committee are to be selected, to the extent of participating 
in the selection of such candidates or delegates ; " and that the 
committee reported " leave to withdraw," which report was 
accepted. 

This action clearly indicates the opinion which the Legislature 
had of the St. 1898, c. 548, namely, that women had no right to 
vote in caucuses. It further shows that the Legislature did not 
intend to give such a right. As the same Legislature revised the 
laws, its intention is the important factor in the interpretation of 
R. L., c. 11. 

These two considerations seem to me sufficient to rebut the im- 
plication of a right of women to vote in the caucuses. 

T am, with great respect, 

Very truly yours, 

Herbert Parker, Attorney- General. 



Insurance — Fire Company — Foreign Corporation — Contract — 
Standard Policy. 

A fire insurance company organized under the laws of another State, and 
not admitted to do business in this Commonwealth, may, without vio- 
lating any of the provisions of R. L., c. 118, issue a policy differing 
in form from the standard policy of fire insurance established by such 
statute, if the contract of insuiance is made and the policy delivered 
without the Commonwealth, and no person acts as agent or broker 
within the Commonwealth in negotiating the contract. 

Dec. 16, 1903. 
Hon. Frederick L. Cutting, Insurance Commissioner. 

Dear Sir : — In your letter of October 19 you state that a fire 
insurance company, organized under the laws of another State, and 



62 ATTORNEY-GENERAL'S REPORT. [Jan. 

not admitted to do business in Massachusetts, issued on property 
in Massachusetts a policy which differed from the standard form 
prescribed by the Massachusetts law. The contract was made 
and the policy delivered outside of Massachusetts. It does not 
appear that any person acted as agent or broker within Massachu- 
setts in negotiating the contract. You ask whether these facts will 
support a prosecution for violation of the Massachusetts laws. 

The following sections of the insurance law (R. L., c. 118) are 
material : — 

Section 60. No fire insurance company shall issue fire insurance 
policies on property in this commonwealth, other than those of the 
standard form herein set forth. . . . 

Section 98. A person who assumes to act as an insurance agent or 
insurance broker without license therefor as herein provided, or who 
acts in any manner in the negotiation or transaction of unlawful insur- 
ance with a foreign insurance company not admitted to do business in 
this commonwealth, or who, as principal or agent, violates any provision 
of this chapter relative to the negotiation or effecting of contracts of 
insurance, shall be punished for each offence by a fine of not less than 
one hundred nor more than five hundred dollars. 

Section 3. ... it shall be unlawful for a company to make a con- 
tract of insurance upon or relative to any property or interests or lives 
in this commonwealth, or with any resident thereof, or for any person as 
insurance agent or insurance broker to make, negotiate, solicit or in any 
manner aid in the transaction of such insurance, except as authorized 
by the provisions of this chapter. . . . 

The foreign company has not violated any of these laws, because 
its acts were done outside the jurisdiction. These penal laws have 
no extra territorial effect. See Sedgwick on Construction of 
Statutes, p. 64; Rorer on Interstate Law, pp. 209, 210; Johnson 
v. Mutual Life Ins. Co. of New York, 180 Mass. 407. 

No agent or broker has taken part within the Commonwealth in 
negotiating or prosecuting the contract, therefore no conviction 
may be had, as in the cases of Hooper v. California, 155 U. S. 648 ; 
Nutting v. Massachusetts, 183 U. S. 553. 

The owner of the property himself, while he has a right, under 
the Federal Constitution, to contract outside the State for insur- 
ance on his property (Allgeyer v. Louisiana, 165 U. S. 578), may 
be prohibited from contracting within the jurisdiction of Massa- 
chusetts with any foreign company which has not acquired the 
privilege of engaging in business therein, either in his own behalf 
or through an agent empowered to that end {Hooper v. California, 
155 U. S. 648, 656) ; but the owner made this contract, as matter 
of fact, in another State. Accordingly, under the principles 



1904.] PUBLIC DOCUMENT — No. 12. 63 

stated above, he has committed do offence against the laws of 
Massachusetts. 

There is a further provision of the Massachusetts law which 
must be considered, viz.: the last clause of section 3, — " All 
contracts of insurance on property, lives or interests in this com- 
monwealth shall be deemed to be made therein." If this statute 
means more than that the legality and construction of such con- 
tract shall be governed by the Massachusetts law, and attempts 
to take away a man's right to contract outside the State, it is 
unconstitutional. Allgeyer v. Louisiana, 165 U. S. 578. 

The Legislature has no power to decide for the courts of Massa- 
chusetts that the contract of insurance in question was made in 
Massachusetts, when, under the law of the land, it was made in 
another State. If by a fiction it seeks to transfer the place of 
making the contract to Massachusetts, for the purpose of impos- 
ing a penalty for making it, it is a violation of the Massachusetts 
Declaration of Rights and of the 14th Amendment of the United 
States Constitution. 

I am, therefore, of the opinion that, upon the facts stated, no 
prosecutipn for violation of the laws of this Commonwealth can be 
sustained. 

Very truly yours, 

Herbert Parker, Attorney- General. 



Towns — Joint Caucuses — Acceptance of Statute. 

In towns using official ballots, which at the State election, held on Nov. 3, 
1903, voted to accept the provisions of St. 1903, c. 454, an act providing 
for joint caucuses of all political parties, as required by section 18, no 
further action is necessary to render such statute fully operative ; the 
provision in section 2 that caucuses as established by the statute shall 
be held in towns using official ballots, " which towns at an annual 
meeting vote that primaries shall be held therein," being applicable 
only to cases where for any reason the statute was not accepted at the 
State election specified, in which event, the question of acceptance may 
hereafter be passed upon at an annual town meeting. 

Dec. 31, 1903. 
His Excellency John L. Bates, Governor. 

Sir : — I have the honor to reply to a communication from Your 
Excellency requiring my opinion upon the effect of the action of 
certain towns which, at the last State election, voted to accept the 
provisions of St. 1903, c 454, entitled, "An Act to provide for 
joint caucuses or primaries of all political and municipal parties." 

Section 18 of the statute above cited, which contains the enact- 
ing clause, is as follows : — 



(34 ATTORXEY-GEXERAL'S REPORT. [Jan. 

This act shall take effect in Boston upon its passage. In other cities 
and in towns using official ballots the question of its acceptance shall be 
submitted to the voters at the next annual state election and the act shall 
take effect as soon after its acceptance by a majority of the voters voting 
thereon as the provisions of law relative to nominations can be complied 
with. 

Section 2 provides that : — 

All caucuses of political and municipal parties in cities, and in towns 
using official ballots, which towns at an annual meeting vote that 
primaries shall be held therein, except caucuses to elect delegates to 
conventions held for the election of delegates to national conventions, 
and for the choice of ward committees after the change of ward lines, 
shall be held at the same time and place as primaries, and shall be con- 
ducted in general accordance with the provisions of law concerning the 
conduct of elections and the manner of voting thereat, except as other- 
wise provided herein. 

Towns voting that primaries shall be held therein may, at a legal 
meeting called for the purpose, not less than one year after the date of 
the first primary held therein, revoke such action. 

Clerks of towns which vote to hold primaries or to rescind such action 
shall forthwith notify the secretary of the Commonwealth of 'such vote. 

It is now suggested that the words " which towns at an annual 
meeting vote that primaries be held therein," require, upon the part 
of towns which at the last State election voted to accept the pro- 
visions of the statute in accordance with the terms of section 18, 
a further vote of acceptance at an annual town meeting before the 
statute may become operative therein. 

The words " annual meeting" by themselves are clearly applica- 
ble only to the annual town meeting held in the several towns in 
either February, March or April, for the election of town officers 
and for the transaction of other local business (see R. L., c. 11, 
§§ 327, 334, etc.), and do not apply to nor include a town meeting 
called for the purpose of choosing State officers. There is, there- 
fore, an apparent contradiction in terms between the provisions of 
section 2 and section 18 as to the time when the statute shall 
be accepted and shall become effective in towns in which official 
ballots are used, the former designating an annual town meeting 
held in the spring as the proper time for such acceptance, and the 
latter requiring a vote thereon at the State election for the current 
year. 

I am of opinion, however, that this contradiction is rather 
apparent than real. It is a well-recognized rule that in the con- 
struction of statutes the legislative intent is to be ascertained from 
a consideration of the act as a whole, and that, if possible, incon- 



1904.] PUBLIC DOCUMENT— 'No. 12. 65 

sistencies are to be harmonized so as to give reasonable effect 
to each of its provisions. Applying this principle to St. 1903, 
c. 454, it is clear that the Legislature intended that the act should 
be accepted at the next annual State election after the passage of 
the act, to wit, the election held upon Nov. 3, 1903, and in section 
18 such intention is set forth in express terms. This being so, 
it is obvious that the provision in section 2, regulating the conduct 
of caucuses in towns which at an annual meeting have voted that 
primaries should be held therein, cannot be construed to require 
an additional vote of acceptance by such towns ; for, if so con- 
strued, it would require a double referendum in the case of towns, 
and the provision of section 18 would be entirely without effect. 
If, on the other hand, the language of section 2 be construed to 
supplement the provisions of section 18, by providing a further 
opportunity for the acceptance of the statute, if for any reason 
such acceptance was not accomplished at the State election for the 
present year, there will be no inconsistency between the sections 
under consideration. 

I am, therefore, of opinion that in all cases where towns have 
accepted the provisions of St. 1903, c. 454, at the State election 
held on November 3 of the present year, no further action is nec- 
essary in order that the act may become fully operative in accord- 
ance with the provisions of section 18 ; and that, in all towns 
where the statute was not so accepted, such towns may, at a sub- 
sequent annual town meeting, vote upon the acceptance of the 
statute. 

I am, with great respect, 

Very truly yours, 

Herbert Parker, Attorney -General. 



66 ATTORNEY-GENERAL'S REPORT. [Jan. 



OPINIONS UPON APPLICATIONS 

For Leave to file Informations in the Name of the 
atto rn e y-gene r al. 



Attorney- General v. Charles C. Speare et als. 

Election — Precinct — Election Officers — Misconduct — Attorney- 
General. 

Where, at an election in a town divided into precincts for voting purposes, 
the election officers in two precincts, before any vote was cast, unlaw- 
fully entertained and declared carried motions to adjourn the meetings, 
and, without regarding the protests of qualified voters present and 
desiring to vote, adjourned the meeting and carried away the ballot 
boxes, but the remaining precincts proceeded with the election and 
filled the offices named in the warrant, the misconduct of the election 
officers in the precincts where meetings were adjourned does not in- 
validate the election legally held in the remaining precincts of the 
town ; and if there was a regular and proper expression of the public 
choice in the precincts where voting took place, the candidates so 
chosen and the questions so decided must be accepted. 

The Attorney-General will not sign an information against certain respond- 
ents alleged to have been illegally elected to office at a town election, 
where there are no other claimants to the offices held by such re- 
spondents, and it appears that, notwithstanding the illegality alleged, 
there has been a legal and proper expression of the choice of the 
voters of such town upon the questions presented in the warrant for 
such election. 

• April 29, 1903. 

This was an application to the Attorney-General for the filing 
of an information against certain respondents alleged to have been 
illegally chosen to the several town offices in the town of Temple- 
ton. The petition sets forth, and the allegations of fact are not 
controverted, that a warrant for the annual town meeting for the 
year 1903 in the town of Templeton (which, for voting purposes 
is divided into four precincts) was duly issued by the selectmen 
and was properly served ; that, under the provisions of such 
warrant, the qualified voters of the town were notified to meet in 
their respective precincts on March 2, for the election, on one 
ballot, of the following town officers : town clerk, one selectman 
for three years, treasurer, tax collector, tree warden, two auditors, 



1904.] PUBLIC DOCUMENT — No. 12. 67 

and seven constables ; and also for the purpose of voting, by 
separate ballot, yes or no in answer to the question, " Shall licenses 
be granted for the sale of intoxicating liquors in this town? " The 
warrant further provided that the polls should be opened at 8 
o'clock in the forenoon and might be closed at 2 o'clock in the 
afternoon ; and due notice was given of a second meeting, to be 
held in a central place, on March 7, to act upon the remaining 
articles contained in such warrant. 

After the opening of the town meeting of March 2, motions 
were entertained in precincts 1 and 2 to adjourn the meeting of 
such precincts to April 6 ; and in spite of protests made by certain 
of the qualified voters thereof, the meetings were in consequence 
adjourned, and the election officers refused to receive any ballots, 
and removed the poll boxes. It is further alleged and admitted 
that by this action of the election officers some of the legal voters 
of such precincts were deprived of elective franchise. 

The votes cast in precincts 3 and 4 were, however, duly counted, 
and the officers named in the warrant were declared duly elected, 
and the vote of the town upon the question of license was declared 
to be : " No, 161 ; yes, 168." It appeared at the hearing that all 
the requirements of law were complied with in precincts 3 and 4, 
and that, if the full vote of precincts 1 and 2 had been cast, 
it would not have affected the result except in the matter of license, 
upon which question it was admitted that such vote might have 
been material. 

There were at the time of the election no contestants for the 
offices now held by the respondents, and such officers were, with 
one exception, duly elected to the positions which they now hold, 
at the town meeting of the previous year. 

Revised Laws, c. 11, § 213, provides in part that: — 

In towns, at the election of state and town officers, the polls may be 
opened as early as six o'clock in the forenoon and shall be opened as 
early as twelve o'clock, noon, and shall be kept open at least four hours, 
and until the time specified in the warrant when they may be closed ; 
and they may be kept open for such longer time as the meeting shall 
direct, but they shall not be kept open after the hour of sunset. At 
annual town meetings they shall be kept open at least one hour for the 
reception of votes upon the question of licensing the sale of intoxicat- 
ing liquors. 

It cannot be doubted that the action of the election officers in 
precincts 1 and 2 was a clear violation of this section, for which 
they are liable in a criminal prosecution, and probably also responsi- 
ble civilly, if, by their action, any legal voter is deprived of his 



68 ATTORNEY-GENERAL'S REPORT. [Jan. 

right to exercise the franchise. But the misconduct or fraud of 
officers who are charged with the conduct of an election does not 
necessarily result in invalidating the whole election. It is a well- 
established principle of law that the misconduct of election officers 
or irregularities in the method of conducting an election will 
not vitiate such election unless it appeared that the result was 
thereby affected. See Major v. Barker, 99 Ky. 305, etc. Nor 
will the fact that the requirements of law with regard to the open- 
ing and closing of polls have been disregarded, be sufficient of 
itself to invalidate the election, in the absence of evidence that 
the result was thereby materially changed or affected. Fry v. 
Booth, 19 Ohio St. 25 ; Gleland v. Porter, 74 111. 76 ; Du Page 
County et al. v. People ex rel., 65 111. 360. 

If, therefore, the sole question presented by the petition in this 
case was as to the legality of the election of the respondents, there 
would be no good and sufficient reason for action upon the part of 
the Attorney-General. It may be assumed, however, upon the 
evidence presented, that the vote of precincts 1 and 2 could have 
materially affected the action of the town upon the question of 
license ; and for this reason it is necessary to consider whether the 
irregularity of the officers of those precincts will render invalid the 
whole election in the town of Templeton. No allegation of fraud 
or collusion is made in the petition, and it may be assumed that 
the motion to adjourn was made in good faith, and that the adjourn- 
ment which resulted was in accordance with the wishes of a 
majority of the voters present at the time, although clearly illegal. 
Such adjournment would not of itself, however, invalidate an 
election subsequently held within the time required by law, in such 
precincts. See People ex rel. v. Breioer, 20 111. 474. But the 
removal of the ballot boxes in such precincts by the election offi- 
cers and the refusal thereafter to receive votes, by which a subse- 
quent election was prevented, constitutes a violation of the Revised 
Laws, c. 211, § 213, and it is contended by the relator that this 
illegality vitiates the whole election in the town of Templeton, not- 
withstanding the fact that the elections held in the remaining 
precincts were regular, and the officers elected thereat were duly 
certified and returned in compliance with law. 

If this contention is sound, it would follow that any misconduct 
or irregularity on the part of election officers in a single precinct in 
the conduct of an election, which affected the result, would vitiate 
not merely the vote of such precinct, but would render null and 
void the whole election, notwithstanding the fact that a great 
majority of the voters taking part therein had legally and properly 
signified their choice. 



1904.] PUBLIC DOCUMENT — No. 12. 69 

The principle contended for by the relators has nowhere received 
the sanction of authority. 

In Knowles v. Yeates, 31 Cal. 82, where in a county election a 
question arose as to the legality of the votes of four precincts, the 
vote of such precinct was rejected, but the election was not invali- 
dated. See, also, Tebbe v. Smith, 108 Cal. 101. 

In Major v. Barker, 99 Ky. 305, the contention of the contest- 
ant was that the whole vote of a precinct should be thrown out by 
reason of the misconduct of an election officer, but no question was 
raised as to the validity of the election. See, also, Fry v. Booth, 
19 Ohio St. 25 ; Du Page County et al. v. People ex rel., 65 111. 
360, etc. 

I am opinion, therefore, that, although the votes cast in certain 
precincts must be rejected where it appears that, by reason of the 
misconduct of the election officers, the result of the election has 
been materially changed or affected, such misconduct cannot be 
deemed to vitiate the whole election ; and if there has been a legal 
and proper expression of the public choice in other precincts, the 
candidates chosen or the questions decided thereat must be ac- 
cepted. Nor does the fact that the election officers in fjrecincts 1 
and 2 refused to receive any votes therein, distinguish in principle 
the present case from one where a vote is cast and afterwards re- 
jected by reason of some irregularity or informality. See Knowles 
v. Yeates, 31 Cal. 82. 

Upon the foregoing facts and for the foregoing reasons, there- 
fore, I am of opinion that no public purpose can be served by this 
information. There has been what, in my opinion, constitutes a 
legal expression of the choice of the people of the town of Tem- 
pleton upon the question of license ; and, to the offices held by 
the respondents, there appear to be no claimants whose rights 
might be defeated or lost by failure to file this information. I 
am, therefore, of the opinion that it is the duty of the Attorney- 
General to refuse the application. 

Herbert Parker, Attorney- General. 

Frank M. Forbush, for the relators. 
Thomas W. Kennejick, for the respondents. 



LIST OF CASES 



IN WHICH THE 



Attorney - General 



HAS APPEARED 



During the Year 1903, 



INFORMATIONS. 



1. At the Relation of the Treasurer and Receiver-General. 
(a) For the non-payment of corporation taxes for the year 
1902, informations were brought against the — 

Allen-Higgins Company. Tax paid and information dismissed. 

Arion Manufacturing Company. Enjoined. 

Austin & Winslow Gallagher Express Company. Tax paid and 
information dismissed. 

Bailey Printing Company. Pending. 

Beacon Publishing Company. Tax paid and information dis- 
missed. 

Bolles & Wilde Company. Tax paid and information dismissed. 

Boston Advertising Company. Tax paid and information dis- 
missed. 

Boston Stitching and Plaiting Company. Tax paid and informa- 
tion dismissed. 

Brackett's Market Corporation. Tax paid and information dis- 
missed. 

Business Men's Protective Association. Information dismissed. 

Chandler Grain and Milling Company. Tax paid and information 
dismissed. 

Columbia Engraving Company. Tax paid and information dis- 
missed. 

Daily News Company. Tax paid and information dismissed. 

Davis & Buxton Stamping Company. Tax paid and information 
dismissed. 

Durgin Grocery and Provision Company. Enjoined. 

Eastern Printing and Engraving Company. Tax paid and infor- 
mation dismissed. 

Frank H. Hall Company. Tax paid and information dismissed. 

Garratt-Ford Company. Tax paid and information dismissed. 

Gregory & Brown Company. Tax paid and information dis- 
missed. 

H. M. Kinports Company. Tax paid and information dismissed. 

Hampshire & Worcester Street Railway Company. Pending. 

Higgins & GifTbrd Boat Manufacturing Company. Tax paid and 
information dismissed. 



74 ATTORNEY-GENERAL'S REPORT. [Jan. 

Holly Whip Company. Tax paid and information dismissed. 
Holyoke Steam and Gas Pipe Company. Tax paid and informa- 
tion dismissed. 
Holyoke Thread Company. Tax paid and information dismissed. 
Idea Press. Tax paid and information dismissed. 
J. A. Glass Company. Tax paid and information dismissed. 
J. P. & W. H. Emond, Incorporated. Tax paid and information 

dismissed. 
John Dyke Company. Enjoined. 

Kimball Brothers Company. Tax paid and information dismissed. 
Library Bulletin Company. Enjoined. 
Lowell Germania Chemical Company. Enjoined. 
Lynn Ice Company. Tax paid and information dismissed. 
Lynn Union Co-operative Laundry Association. Tax paid and 

information dismissed. 
Marlier & Co., Limited. Tax paid and information dismissed. 
Massachusetts Investment Company. Tax paid and information 

dismissed. 
Medfield & Medway Street Railway Company. Tax paid and 

information dismissed. 
Middleborough, Wareham & Buzzard's Bay Street Railway Com- 
pany. Tax paid and information dismissed. 
Miller Brothers & Co., Corporation. Tax paid and information 

dismissed. 
Murray Cone Shoe Company. Tax paid and information dis- 
missed. 
New England Shirt Company. Tax paid and information dis- 
missed. 
Newton Provision Company. Enjoined. 
Norfolk Western Street Railway Company. Pending. 
Norris Livery Company. Tax paid and information dismissed. 
Oliver & Howland Company. Tax paid and information dis- 
missed. 
Peoples Combination Clothing Company. Tax paid and informa- 
tion dismissed. 
Peoples Ice Company of Worcester. Tax paid and information 

dismissed. 
Perry Laundry Company. Tax paid and information dismissed. 
Persons Manufacturing Company. Tax paid and information 

dismissed. 
Plymouth Stove Foundry Company. Tax paid and information 

dismissed. 
Putnam Company. Tax paid and information dismissed. 
Randall Faichney Company. Tax paid and information dismissed. 



1904.] PUBLIC DOCUMENT — No. 12. 75 

Roeder & Keene Company. Tax paid and information dismissed. 

Shady Hill Nursery Company. Tax paid and information dis- 
missed. 

Spatula Publishing Company. Tax paid and information dis- 
missed. 

T. F. Little Oil Company. Tax paid and information dismissed. 

Union Shoe Company. Enjoined. 

Warren Lumber and Fuel Company. Tax paid and information 
dismissed. 

Westfield Manufacturing Company. (1901 tax), in bankruptcy. 
Tax paid. 

William Bourne & Son Piano Company. Tax paid and informa- 
tion dismissed. 

Worcester Textile Company. Enjoined. 

(b) For failure to file the tax return for the year 1903, required 
by section 37 of chapter 14 of the Revised Laws, informations 
were brought against the — 

Atlantic Telegraph Company of Massachusetts. Return filed and 
information dismissed. 

Boston Warehouse and Leasing Company. Return filed and infor- 
mation dismissed. 

Bradley-Hagney Company. Information dismissed. 

Chelsea Express Despatch Company. Return filed and informa- 
tion dismissed. 

Chickering & Babigian Shoe Manufacturing Company. Unable to 
get service. 

Combination Painters and Paper Hangers Company. Unable to 
get service. 

Consolidated Clothing Company. Unable to get service. 

Crompton & Knowles Loom Works. Return filed and information 
dismissed. 

Durgin Grocery and Provision Company. Enjoined on tax 
suit. 

F. P. Norton Cigar Manufacturing Company. Return filed and 
information dismissed. 

Great Barrington Coal Company. Return filed and information 
dismissed. 

J. F. Wright Shoe Company. Return filed and information dis- 
missed. 

K. & W. Company. Return filed and information dismissed. 

Lynn Union Co-operative Laundry Company. Enjoined. 

New York & Berkshire Street Railway Company. Return filed 
and information dismissed. 



76 ATTORXEY-GEXERAL'S REPORT. [Jan. 

Peabody Granite Company. Return filed and information dis- 
missed. 

Plymouth Stove Foundry Company. Return filed and information 
dismissed. 

Springfield Coliseum Company. Return filed and information 
dismissed. 

University City Laundering Company. Return filed and informa- 
tion dismissed. 

Weymouth & Braintree Publishing Company. Return filed and 
information dismissed. 

2. At the Relation of the Commissioner of Corporations. 
For failure to file the certificate of condition for the year 1903, 
required by section 51 of chapter 110 of the Revised Laws — 

American Camera Manufacturing Company. Certificate filed and 
information dismissed. 

Amesbury Opera House Company. Certificate filed and informa- 
tion dismissed. 

Blake Manufacturing Company. Certificate filed and information 
dismissed. 

Bush Market Company. Certificate filed and information dis- 
missed. 

Chelmsford Foundry Company. Certificate filed and information 
dismissed. 

C ark Manufacturing Company. Certificate filed and information 
dismissed. 

Durgin Grocery and Provision Company. Enjoined. 

Eastern Electric Company. Certificate filed and information dis- 
missed. 

Fitchburg Steel Ball Company. Certificate filed and information 
dismissed. 

Jewett Piano Company. Pending. 

Morrill Brothers Company. Pending. 

Weymouth Light and Power Company. Certificate filed and infor- 
mation dismissed. 

Worcester Textile Company. Enjoined. 

3. At the Relation of the Civil Service Commissioners. 
Saunders, Robert V., Attorney-General v. Petition for quo war- 
ranto to try the title of the respondent to the office of super- 
intendent of the city farm of Lowell. Pending. 



1904.] PUBLIC DOCUMENT— No. 12. 77 

4. At the Relation of Private Persons. 

Attorney-General ex rel. v. Vineyard Grove Company. Petition 
for use of name in an information for an injunction restrain- 
ing the said company from an alleged interference with the 
rights of the public in a sea beach, and ordering the removal 
of structures causing such alleged interference. Henry S. 
Dewey appointed master. Pending. 

Attorney-General v. Onset Ray Grove Association. Information 
in the nature of quo warranto to abate a public nuisance. 
Referred to Warren A. Reed, auditor. Pending. 

Attorney-General ex rel. Samuel E. Hull et als., Selectmen of 
Millbury, v. Washburn & Moen Manufacturing Company. 
Information in the nature of quo warranto to abate a nuisance 
Pending. 

Attorney-General ex rel. v. Fiskdale Mills. Petition for an injunc- 
tion to restrain the respondent from interfering with the 
waters of Alum Pond, a great pond. Pending. 

Attorney-General ex rel. v. John F. Hutchinson et al. Informa- 
tion in the nature of quo warranto to try the title of the re- 
spondent to the office of selectman of Lexington. Pending. 

Attorney-General ex rel. v. Mayor and City Council of Cambridge. 
Petition for mandamus to compel the respondents to discharge 
the duties imposed upon them by law. Pending. 

Attorney-General ex rel. v. Patrick A. Collins et al. Petition for 
a writ of mandamus to compel city of Boston to construct a 
street to a width of forty feet. Pending. 

5. Applications refused and otherwise disposed of. 

[For full text of opinions, giving reasons for refusal, see page 66.] 

Robson, Sarah E., Attorney-General ex rel. v. Information in 
equity to abate a public nuisance, viz., encroachment upon 
public landing place at Bass Point, Nahant. Hearing and use 
of name denied. 

Speare, Charles C, et al., Attorney-General v. Information in 
the nature of quo ivarranto to try the respondent's title to 
office. Hearing and use of name denied. 



78 ATTORXEY-GEXERAL'S REPORT. [Jan. 



GRADE CROSSINGS. 



Notices have been served upon this department of the filing of 
the following petitions for the appointment of special commission- 
ers for the abolition of grade crossings : — 



o* 



Barnstable County. 

Bourne, Selectmen of, petitioners. Petition for abolition of 
Bourne Neck crossing. James E. Cotter, Eben D. Crocker 
and Rufus A. Soule appointed commissioners. Commission- 
ers' report filed. Fred E. Jones appointed auditor. Auditor's 
second report filed. Pending. 

Harwich, New York, New Haven & Hartford Railroad Company, 
petitioner. Petition for abolition of Main Street crossing. 
Alpheus Sanford, Prescott Keyes and Harry Southworth ap- 
pointed commissioners. Commissioners' report filed. Fred E. 
Jones appointed auditor. Auditor's report filed. Pending. 

Wellfleet and Eastham. Directors of Old Colony Railroad Com- 
pany, petitioners. Petition for abolition of certain grade 
crossings in Wellfleet and Eastham. George L. Rogers, 
Louis A. Frothingham and Franz H. Krebs appointed com- 
missioners. Commissioners' report filed. Wade Keyes ap- 
pointed auditor. Auditor's second report filed. Pending. 

Berkshire County. 

Adams. Hoosac Valley Street Railway Company, petitioners. 
Petition for abolition of Commercial Street crossing in Adams. 
George W. Wiggin, W. W. McClench and Edward K. Turner 
appointed commissioners. Pending. 

Great Barrington, Selectmen of, petitioners. Petition for the 
abolition of a grade crossing in the village of Housatonic 
in said town. John J. Flaherty, Edmund K. Turner and 
Stephen S. Taft appointed commissioners. Pending. 

Hinsdale, Selectmen of, and Directors of Boston & Albany Rail- 
road Company, petitioners. Petition for abolition of Bul- 
lard's Church Street and Pierce's grade crossings in Hinsdale. 
Thomas W. Kennefick, William Sullivan and Charles M.^ 



1904.] PUBLIC DOCUMENT— No. 12. 79 

Ludden appointed commissioners. Commissioners' report 
filed. Ralph H. Ellis appointed auditor. Auditor's second 
report filed. Pending. 

Lee, Selectmen of, petitioners. Petition for abolition of Lang- 
don's crossing in Lee. Wade Keyes, Thomas W. Kennefick 
and Luther Dean appointed commissioners. Pending. 

Lenox, Selectmen of, petitioners. Petition for abolition of grade 
crossings in Lenox. Fred Joy, Louis A. Frothingham and 
Edmund K. Turner appointed commissioners. Pending. 

North Adams. Hoosac Valley Street Railway Company, petition- 
ers. Petition for abolition of Main Street crossing, known 
as Braytonville crossing, in North Adams. Edmund K. 
Turner, W. W. McClench and Joseph P. Magenis appointed 
commissioners. Pending. 

Pittsfield, Mayor and Aldermen of, and Directors of Boston & 
Albany Railroad Company, petitioners. Petition for the 
abolition of Hubbard and Gates avenues and Jason Street 
crossings in Pittsfield. Thomas W. Kennefick, William 
Sullivan and Charles M. Ludden appointed commissioners. 
Commissioners' report filed. Patrick J. Ashe appointed 
auditor. Auditor's first report filed. Pending. 

Pittsfield, Mayor and Aldermen of, petitioners. Petition for 
abolition of Merrill crossing in Pittsfield. Thomas W. 
Kennefick, Frederick L. Green and Edmund K. Turner ap- 
pointed commissioners. Pending. 

Pittsfield, Mayor and Aldermen of, petitioners. Petition for 
abolition of Holmes Road crossing. William W. McClench, 
Charles N. Clark and Edmund K. Turner appointed commis- 
sioners. Pending. 

Richmond and West Stockbridge, Selectmen of, petitioners. Joint 
petition for abolition of Griffin and Arnold's crossings in 
Richmond and West Stockbridge. Joseph Bennett, Charles 
Almy and John C. Crosby appointed commissioners. Clif- 
ford Brigham, auditor. Auditor's first report filed. Pending. 

Stockbridge, Selectmen of, petitioners. Petition for the abolition 
of " River Road" crossing in Stockbridge. J. B. Carroll, 
E. B. Bishop and Luther Dean appointed commissioners. 
Pending. 

West Stockbridge. Directors of New York, New Haven & Hart- 
ford Railroad Company et aL, petitioners. Petition for 
abolition of State line crossing in West Stockbridge. Richard 
W. Irwin, Henry W. Ashley and Edmund K. Turner appointed 
commissioners. Commissioners' report filed. Frank H.Cande 
appointed auditor. Auditor's first report filed. Pending. 



80 ATTORNEY-GENERAL'S REPORT. [Jan. 

West Stockbridge. Directors of New York, New Haven & Hart- 
ford Railroad Company et al., petitioners. Petition for 
abolition of Potter's crossing in West Stockbridge. Richard 
W. Irwin, Henry W. Ashley and Edmund K. Turner appointed 
commissioners. Commissioners' report filed. F. H. Cande 
appointed auditor. Auditor's first report filed. Pending. 

Williamstown. Hoosac Valley Street Railway Company, petition- 
ers. Petition for the abolition of a grade crossing in Williams- 
town, near the Fitchburg Railroad station. Edmund K. 
Turner, W. W. McClench and Charles M. Clark appointed 
commissioners. Pending. 

Bristol County. 

Attleborough. Directors of Old Colony Railroad, petitioners. 
Petition for abolition of South Main Street crossing in 
Attleborough. George W. Wiggin, A. P. Martin and C. A. 
Allen appointed commissioners. Commissioners' report filed. 
C. H. Cooper appointed auditor. Auditor's third report filed. 
Pending. 

Attleborough, Selectmen of, petitioners. Petition for abolition of 
West Street, North Main Street and other crossings in Attle- 
borough. James R. Dunbar, H. L. Parker and William 
Jackson appointed commissioners. Pending. 

Easton. Directors of New York, New Haven & Hartford Railroad 
Company, petitioners. Petition for abolition of crossing at 
Eastondale. James E. Cotter, Wm. Rankin and Chas. D. 
Bray appointed commissioners. Fred Joy appointed auditor. 
Auditor's fourth report filed. Pending. 

Fall River, Mayor and Aldermen of, petitioners. Petition for 
abolition of Brownell Street crossing and other crossings in 
Fall River. John Q. A. Brackett, Samuel N. Aldrich and 
Charles A. Allen appointed commissioners. Commissioners' 
report filed. Fred E. Jones appointed auditor. Auditor's 
tenth report filed. Pending. 

New Bedford, Mayor and Aldermen of, petitioners. Petition for 
abolition of certain grade crossings in New Bedford. George 
F. Richardson, Horatio G. Herrick and Wm. Wheeler ap- 
pointed commissioners. Pending. 

Taunton, Mayor and Aldermen of, petitioners. Petition for aboli- 
tion of grade crossings in Taunton. William B. French, A. C. 
Southworth and Edward B. Bishop appointed commission- 
ers. Commissioners' report filed. Fred E. Jones appointed 
auditor. Auditor's first report filed. Pending. 



1904.] PUBLIC DOCUMENT — No. 12. 81 



Essex County. 

Haverhill, Mayor and Aldermen of, petitioners. Petition for 
abolition of Washington Street and other crossings in Haver- 
hill. George W. Wiggin, William B. French and Edmund 
K. Turner appointed commissioners. Pending. 

Ipswich. Directors of Boston & Maine Railroad Company, peti- 
tioners. Petition for abolition of Underbill crossing in 
Ipswich. George W. Wiggin, A. D. Bosson and Edmund 
K. Turner appointed commissioners. Commissioners' report 
filed. Fred E. Jones appointed auditor. Auditor's first re- 
port filed. Pending. 

Ipswich, Selectmen of, petitioners. Petition for abolition of High 
Street crossing. Geo. W. Wiggin, Edmund K. Turner and 
William F. Dana appointed commissioners. Pending. 

Lynn, Mayor and Aldermen of, petitioners. Petition for aboli- 
tion of Summer Street and other crossings on Saugus branch 
of Boston & Maine Railroad and Market Street and other 
crossings on main line. George W. Wiggin, Edgar R. Cham- 
plin and Edmund K. Turner appointed commissioners. 
Pending. 

Manchester. Directors of Boston & Maine Railroad Company, 
petitioners. Petition for the abolition of the Summer Street 
crossing in Manchester. George P. Sanger, Edward B. 
Bishop and Chas. A. Putnam appointed commissioners. 
Commissioners' report filed. Andrew Fiske appointed audi- 
tor. Auditor's first report filed. Pending. 

Salisbury. Directors of Boston & Maine Railroad Company, 
petitioners. Petition for the abolition of Hoks and Gerrish 
crossing in Salisbury. George W. Wiggin, William B. 
French and Edmund K. Turner appointed commissioners. 
Commissioners' report filed. Fred E. Jones appointed audi- 
tor. Auditor'9 second and final report filed. Pending. 

Swampscott, Selectmen of, petitioners. Petition for the abolition 
of Burrill Street crossing. Henry Wardwell, Charles W. Gay 
and Edmund K. Turner appointed commissioners. Commis- 
sioners' report filed. Charles A. Sayward appointed auditor. 
Pending. 

Franklin County. 

Deerfield, Selectmen of, petitioners. Petition for abolition of 
Sprouts crossing on Main Street, Deerfield. Timothy G. 
Spaulding, Edmund K. Turner and Franklin T. Hammond 
appointed commissioners. Commissioners' report filed. 
Pending. 



82 ATTORNEY-GENERAL'S REPORT. [Jan. 

Greenfield, Selectmen of, petitioners. Petition for t the abolition 
of Russell Street crossing in Greenfield. Edmund K. Turner, 
Walter P. Hall and Fred D. Stanley appointed commission- 
ers. Pending. 

Greenfield, Selectmen of, petitioners. Petition for the abolition 
of Allen Street crossing in Greenfield. Edmund K. Turner, 
Walter P. Hall and Fred D. Stanley appointed commission- 
ers. Pending. 

Northfield, Selectmen of, petitioners. Petition for abolition of 
River Street crossing in Northfield. Alpheus Sanford, 
Charles W. Hazelton and Newell D. Winter appointed com- 
missioners. Commissioners' report filed. Dana Malone 
appointed auditor. Auditor's first report filed. Pending. 

Hampden County. 

Chester, Selectmen of, and Directors of Boston & Albany Rail- 
road Company, petitioners. Petition for abolition of Hunt- 
ington Road in Chester. Charles E. Hibbard, William 
Sullivan and Wm. P. Martin appointed commissioners. Com- 
missioners' report filed. Ralph W. Ellis appointed auditor. 
Auditor's first report filed. Pending. 

Chester, Selectmen of, and Directors of Boston & Albany Rail- 
road Company, petitioners. Petition for abolition of Hunt- 
ington Street and White Chop crossing in Chester. Charles 
E. Hibbard, William Sullivan and William P. Martin ap- 
pointed commissioners. Thos. W. Kennefick appointed audi- 
tor. Auditor's first report filed. Pending. 

Chicopee, Mayor and Aldermen of, petitioners. Petition for abo- 
lition of Plainfield and Exchange Street crossings and other 
crossings in Chicopee. Geo. W. Wiggin, Edmund K. Tur- 
ner and Fred D. Stanley appointed commissioners. Com- 
missioners' report filed. Timothy G. Spaulding appointed 
auditor. Auditor's fourth report filed. Pending. 

East Longmeadow, Selectmen of, petitioners. Petition for aboli- 
tion of Robeson's crossing in East Longmeadow. Fred Joy, 
Dana Malone and Edmund K. Turner appointed commission- 
ers. Commissioners' report filed. Dexter E. Tilley appointed 
auditor. Auditor's final report filed. 

Palmer, Selectmen of, petitioners. Petition for abolition of Pal- 
mer and Belchertown Road crossing in Palmer. T. M. 
Brown, Chas. E. Hibbard and Henry G. Taft appointed com- 
missioners. Commissioners' report filed. Stephen S. Taft 
appointed auditor. Auditor's first report filed. Pending. 

Palmer, Selectmen of, petitioners. Petition for abolition of Bur- 
ley's crossing in Palmer. Pending. 



1904.] PUBLIC DOCUMENT — No. 12. 83 

Palmer, Selectmen of, petitioners. Petition for abolition of 
Springfield Road crossing, otherwise known as the Wire Mill 
crossing, in Palmer. William Turtle, Frederick L. Greene 
and John W. Mason appointed commissioners. Commission- 
ers' report filed. Pending. 

Springfield, Mayor and Aldermen of, petitioners. Petition for 
abolition of Bay State Road and other crossings in Spring- 
field. George W. Richardson, Marshall Wilcox and George 
W. Wiggin appointed commissioners. Commissioners' report 
filed. Charles W. Bosworth appointed auditor. Auditor's 
first report filed. Pending. 

Springfield, Mayor and Aldermen of, petitioners. Petition for 
abolition of Pasco Road crossing in Springfield. Joseph 
Bennett, Samuel M. Cook and John A. Aiken appointed com- 
missioners. Commissioners' report filed. L. E. Hitchcock 
appointed auditor. Auditor's first report filed. Pending. 

Springfield, Mayor and Aldermen of, petitioners. Petition for 
abolition of South End Bridge crossing in Springfield. John 
W. Corcoran, John J. Flaherty and George F. Swain ap- 
pointed commissioners. Commissioners' report filed. Pend- 
ing. 

Westfield, Selectmen of, petitioners. Petition for raising of 
bridge over Elm Street in Westfield. Thomas W. Proctor, 
John B. O'Donnell and Edmund K. Turner appointed com- 
missioners. Commissioners' report filed. Pending. 

Westfield, Selectmen of, petitioners. Petition for raising bridge 
over North Elm Street in Westfield. Geo. W. Wiggin, Fred- 
erick L. Greene and Edmund K. Turner appointed commis- 
sioners. Commissioners' report filed. Pending. 

Westfield. Boston & Albany Railroad Company, petitioners. 
Petition for abolition of Coburn's and Morse's crossings in 
Westfield. Charles M. Ludden, William Sullivan and Rich- 
ard W. Irwin appointed commissioners. Commissioners' 
report filed. Ralph W. Ellis appointed auditor. Auditor's 
first report filed. Pending. 

Westfield, Selectmen of, petitioners. Petition for the abolition of 
North Elm Street crossing in Westfield. Charles E. Hib- 
bard, Joseph Bennett and George W. Wiggin appointed 
commissioners. Commissioners' report filed. Ralph W. 
Ellis appointed auditor. Auditor's first report filed. Pend- 



84 ATTORNEY-GENERAL'S REPORT. [Jan. 

Hampshire County. 

Belchertown, Selectmen of, petitioners. Petition for abolition of 
Holyoke Road crossing in Belchertown. George W. Wiggin, 
Fred D. Stanley and Edmund K. Turner appointed commis- 
sioners. Commissioners' report filed. Stephen S. Taft ap- 
pointed auditor. Pending. 

Belchertown, Selectmen of, petitioners. Petition for the abolition 
of Leache's crossing in Belchertown. Augustus W. Locke, 
George W. Johnson and Joseph Bennett appointed commis- 
sioners. Commissioners' report filed. William H. Clapp 
appointed auditor. Auditor's report filed. Pending. 

Northampton. Directors of Connecticut River Railroad Com- 
pany, petitioners. Petition for abolition of Lyman's crossing 
in Northampton. George W. Wiggin, Fred D. Stanley and 
Edmund K. Turner appointed commissioners. Commissioners' 
report filed. L. E. Hitchcock appointed auditor. Auditor's 
second report filed. Pending. 

Northampton, Mayor and Aldermen of, petitioners. Petition for 
abolition of Laurel Park station crossing in Northampton. 
George W. Wiggin, Fred D. Stanley and Edmund K. Turner 
appointed commissioners. Commissioners' report filed. Arthur 
S. Kneil appointed auditor. Auditor's first report filed. 
Pending. 

Northampton, Mayor and Aldermen of, petitioners. Petition for 
abolition of Grove Street and Earl Street crossings in North- 
ampton. Frederick L. Greene, S. S. Taft and James M. 
Sickman appointed commissioners. Commissioners' report 
filed. William P. Hayes appointed auditor. Pending. 

Ware, Selectmen of, petitioners. Petition for abolition of Gibbs 
crossing in Ware. George F. Tucker, George F. Kimball 
and Lawson Sibley appointed commissioners. Commission- 
ers' report filed. John W. Mason appointed auditor. Pend- 
ing. 

Ware, Selectmen of, petitioners. Petition for abolition of Maple 
Street and Gilbertville Road crossings in Ware. Alpheus 
Sanford, Everett C. Bumpus and William W. McClench ap- 
pointed commissioners. Commissioners' report filed. John 
W. Mason appointed auditor. Auditor's first report filed. 
Pending. 

Middlesex County^ 

Acton, Selectmen of, petitioners. Petition for abolition of Great 
Road crossing in Acton. Benj. W. Wells, Howard M. Lane 
and William B. Sullivan appointed commissioners. Pending. 



1904.] PUBLIC DOCUMENT — No. 12. 85 

Acton, Selectmen of, petitioners. Petition for abolition of May- 
nard Road crossing in Acton. Edmund K. Turner, Edward 
F. Blodgett and Wade Keyes appointed commissioners. 
Pending. 

Arlington, Selectmen of, petitioners. Petition for abolition of 
Grove Street crossing and other crossings in Arlington. 
Alpheus Sanford, Edmund K. Turner and S. Everett Tink- 
ham appointed commissioners. Commissioners' report filed. 
Fred Joy appointed auditor. Auditor's third report filed. 
Pending. 

Ayer, Selectmen of, petitioners. Petition for abolition of Main 
Street crossing in Ayer. S. K. Hamilton, Theodore C. Hurd 
and Edmund K. Turner appointed commissioners. Pend- 
ing. 

Ayer, Selectmen of, petitioners. Petition for abolition of West 
Main and Park streets crossing in Ayer. Frank P. Goulding, 
Charles A. Allen and Anson D. Fessenden appointed com- 
missioners. Commissioners' report filed. Theodore C. Hurd 
appointed auditor. Auditor's second report filed. Pending. 

Bedford, Selectmen of, petitioners. Petition for abolition of Con- 
cord Road crossing in Bedford. Fred D. Stanley, H. R. 
Coffin and Edmund K. Turner appointed commissioners. 
Commissioners' report filed. Theodore C. Hurd appointed 
auditor. Pending. 

Belmont, Selectmen of, petitioners. Petition for abolition of 
Brighton Street, Concord Avenue and Trapelo Road crossings 
in Belmont. Pending. Theodore C. Hurd, Fred Joy and 
George F. Swain appointed commissioners. Pending. 

Cambridge. Directors of Boston & Maine Railroad Company, 
petitioners. Petition for abolition of Prison Point Street 
crossing in Cambridge. Henry S. Milton, Edward B. Bishop 
and Henry G. Taft appointed commissioners. Commission- 
ers' report filed. Theodore C. Hurd appointed auditor. Au- 
ditor's second report filed. Pending. 

Chelmsford, Selectmen of, petitioners. Petition for abolition of 
Princeton Street crossing in Chelmsford. Edmund K. Tur- 
ner, Frederick W. Dallinger and Charles F. Worcester ap- 
pointed commissioners. Pending. 

Concord, Selectmen of, petitioners. Petition for abolition of 
Oliver Rice crossing and Hosmer's crossing in Concord. 
Theodore C. Hurd, William Sullivan and Percy G. Bolster 
appointed commissioners. Commissioners' report filed. Henry 
L. Parker appointed auditor. Auditor's first report filed. 
Pending. 



86 ATTORNEY-GENERALS REPORT. [Jan. 

Everett. Directors of Boston & Maine Railroad Company, 
petitioners. Petition for abolition of crossings at Broadway 
and Main Street in Everett. George W. Wiggin, Edmund K. 
Turner and Robert S. Gray appointed commissioners. Com- 
missioners' report filed. Fred E. Jones appointed auditor. 
Auditor's fourth report filed. Pending. 

Lexington, Selectmen of, petitioners. Petition for abolition of 
Grant Street crossing in Lexington. Alpheus Sanford, 
Edmund K. Turner and S. Everett Tinkbam appointed com- 
missioners. Pending. 

Lowell, Mayor and Aldermen of, petitioners. Petition for aboli- 
tion of Pawtucket Street crossing and other crossings in 
Lowell. George W. Wiggin, John W. Ellis and Samuel L. 
Minot appointed commissioners. Commissioners' report filed. 
P. H. Cooney appointed auditor. Auditor's second report 
filed. Pending. 

Maiden. Directors of Boston & Maine Railroad Company, peti- 
tioners. Petition for abolition of Medford Street and other 
crossings in Maiden. Geo. W. Wiggin, Robert O. Harris 
and Edmund K. Turner appointed commissioners. Commis- 
sioners' report filed. Fred E. Jones appointed auditor. 
Auditor's first report filed. Pending. 

Maiden, Mayor and Aldermen of, petitioners. Petition for abo- 
lition of Pleasant and Winter streets crossing in Maiden. 
Pending. 

Marlborough, Mayor and Aldermen of, petitioners. Petition for 
abolition of Hudson Street crossing in Marlborough. Walter 
Adams, Charles A. Allen and Alpheus Sanford appointed 
commissioners. Commissioners' report filed. Pending. 

Natick. Directors of Boston & Albany Railroad Company, peti- 
tioners. Petition for abolition of Marion Street crossing 
and other crossings in Natick. George W. Wiggin, Larkin 
T. Trull and Joseph Bennett appointed commissioners. 
Commissioners' report filed. Theodore C. Hurd appointed 
auditor. Auditor's seventh report filed. Pending. 

Natick. Boston & Worcester Street Railway Company, petitioners. 
Petition for alteration of Worcester Street crossing in Natick. 
Geo. W. Wiggin, Edmund K. Turner and Larkin T. Trull 
appointed commissioners. Commissioners' report filed. Pend- 
ing. 

Newton, Mayor and Aldermen of, petitioners. Petition for the 
abolition of Concord Street and Pine Grove Avenue crossings 
in Newton. George W. Wiggin, T. C. Mendenhall and 
Edmund K. Turner appointed commissioners. Pending. 



1904.] PUBLIC DOCUMENT — No. 12. 87 

Newton, Mayor and Aldermen of, petitioners. Petition for abo- 
lition of Oak Street and Linden Street crossings in Newton. 
Pending. 

Newton, Mayor and Aldermen of, petitioners. Petition for the 
abolition of Glen Avenue and nine other crossings in Newton. 
Geo. W. Wiggin, T. C. Mendenhall and Edmund K. Turner 
appointed commissioners. Pending. 

North Reading, Selectmen of, petitioners. Petition for abolition 
of Main Street crossing in North Reading. Alpheus Sanford, 
George N. Poor and Louis M. Clark appointed commissioners. 
Report of commissioners filed. Pending. 

Somerville, Mayor and Aldermen of, petitioners. Petition for 
abolition of Park Street, Dane Street and Medford Street 
crossings in Somerville. Pending. 

Somerville, Mayor and Aldermen of, petitioners. Petition for 
abolition of Somerville Avenue grade crossing in Somerville. 
Pending. 

Wakefield, Selectmen of, petitioners. Petition for abolition of 
Hanson Street crossing in Wakefield. Pending. 

Waltham, Mayor and Aldermen of, petitioners. Petition for abo- 
lition of South Street crossing in Waltham. Geo. F. Swain, 
Arthur P. Rugg and Geo. A. Sanderson appointed commis- 
sioners. Pending. 

Waltham, Mayor and Aldermen of, petitioners. Petition for abo- 
lition of Moody Street, Main Street, Elm Street, River Street, 
Pine Street, Newton Street and Calvary Street crossings in 
Waltham. Pending. 

Norfolk County. 

Braintree, Selectmen of, petitioners. Petition for the abolition of 
the Pearl Street crossing at South Braintree. Pending. 

Brookline. Directors of Boston & Albany Railroad Company, 
petitioners. Petition for the abolition of Kerrigan Place 
crossing in Brookline. Pending. 

Dedham, Selectmen of, petitioners. Petition for the abolition of 
Eastern Avenue and Dwight Street crossings in Dedham. 
Alpheus Sanford, Charles Mills and J. Henry Reed appointed 
commissioners. Commissioners' report filed. Fred E. Jones 
appointed auditor. Pending. 

Dedham, Selectmen of, and directors of New York, New Haven 
& Hartford Railroad Company, petitioners. Petitions for 
abolition of East Street, Walnut Street and Vernon Street 
crossings in Dedham, consolidated with petitions to abolish 
Milton Street crossing in Hyde Park. Samuel N. Aldrich, 



88 ATTORNEY-GENEEAL'S REPORT. [Jan. 

E. B. Bishop and H. C. Southworth appointed commissioners. 
Commissioners' report filed. Fred E. Jones appointed auditor. 
Auditor's twelfth report filed. Pending. 

Hyde Park and Dedham, consolidated petitions. See Ded- 
ham. 

Hyde Park, Selectmen of, petitioners. Petition for abolition of 
Fairmount Avenue and Bridge Street crossings in Hyde Park. 
Pending. 

Medway, Selectmen of, petitioners. Petition for abolition of Vil- 
lage Street crossing in Medway. Arthur Lyman, George D. 
Burrage and Alpheus Sanford appointed commissioners. 
Commissioners' report filed. Edmund H. Talbot appointed 
auditor. Auditor's second report filed. Pending. 

Milton, Selectmen of, petitioners. Petition for abolition of Cen- 
tral Avenue crossing in Milton. Pending. 

Needham, Selectmen of, petitioners. Petition for abolition of 
Charles River Street crossing in Needham. Pending. 

Norwood, Selectmen of, and Directors of New York, New Haven 
& Hartford Railroad Company, petitioners. Petition for 
abolition of Chapel Street, Washington Street and Guild 
Street crossings in Norwood. Henry A. Wyman, James F. 
C. Hyde and Charles E. C. Breck appointed commissioners. 
Commissioners' report filed. Albert A. Avery appointed 
auditor. Auditor's seventh report filed. Pending. 

Sharon, Selectmen of, petitioners. Petition for abolition of Depot 
Street crossing in Sharon. William B. Durant, Fred Joy and 
Charles D. Bray appointed commissioners. Pending. 

Walpole, Selectmen of, petitioners. Petition for abolition of Oak 
Street crossing and other crossings in Walpole. Dana Ma- 
lone, Edmund K. Turner and Henry A. Wyman appointed 
commissioners. Pending. 

Plymouth Con n ty . 

Abington. Directors of New York, New Haven & Hartford 
Railroad Company, petitioners. Petition for abolition of 
Central Street crossing in Abington. Alpheus Sanford, 
Erastus Worthington, Jr., and Edward B. Bishop appointed 
commissioners. Commissioners' report filed. Fred E. Jones 
appointed auditor. Auditor's second report filed. Pending. 

Hingham. Directors of New York, New Haven & Hartford Rail- 
road Company, petitioners. Petition for abolition of Rockland 
Street crossing in Hingham. Winfield S. Slocum, Alpheus 
Sanford and Henry C. Southworth appointed commissioners. 
Pending. 



1904.] PUBLIC DOCUMENT — No. 12. 89 

Marshfield. Directors of New York, New Haven & Hartford 
Railroad Company, petitioners. Petition for abolition of 
crossing near Marshfield station. Alpheus Sanford, J. Albert 
Brackett and Frank T. Daniels appointed commissioners 
Commissioners' report filed. Fred E. Jones appointed audi- 
tor. Auditor's first report filed. Pending. 

Middleborough, Selectmen of, petitioners. Petition for abolition 
of Centre Street, Grove Street and Main Street crossings in 
Middleborough. Alpheus Sanford, Edward B. Bishop and 
Samuel H. Hudson appointed commissioners. Commissioners' 
report filed. Fred E. Jones appointed auditor. Auditor's 
fourth report filed. Pending. 

Scituate. Directors of New York, New Haven & Hartford Rail- 
road Company, petitioners. Petition for abolition of Water 
Street and Union Street crossings in Scituate. Arthur H. 
Wellman, Edmund K. Turner and Oscar A. Marden appointed 
commissioners. Commissioners' report filed. Fred E. Jones 
appointed auditor. Auditor's second report filed. Pending. 

Suffolk County. 

Boston. Directors of Old Colony Railroad Company, petitioners. 
Petition for abolition of Tremont Street crossing in Boston. 
Samuel N. Aldrich, H. C. Southworth and Edward B. Bishop 
appointed commissioners. Commissioners' report filed. Fred 
E. Jones appointed auditor. Auditor's twenty-first report 
filed. Reported to full court on question of interest claimed 
by railroad company. Pending. 

Boston, Mayor and Aldermen of, petitioners. Petition for aboli- 
tion of Dorchester Avenue crossing in Boston. F. N. Gillette, 
Charles S. Lilley and Charles Mills appointed commissioners. 
Commissioners' report filed. Fred Joy appointed auditor. 
Auditor's twenty-third report filed. Pending. 

Boston, Mayor and Aldermen of, petitioners. Petition for aboli- 
tion of Austin Street, Cambridge Street and Perkins Street 
crossings in Charlestown. Henry S. Milton, Edward B. 
Bishop and Henry G. Taft appointed commissioners. Com- 
missioners' report filed. Fred Joy appointed auditor. Audi- 
tor's fourth report filed. Pending. 

Boston. Directors of Old Colony Railroad Company, petitioners. 
Petition for abolition of Codman Street crossing in Boston. 
George W. Wiggin, Charles A. Allen and William M. Butler, 
appointed commissioners. Commissioners' report filed. Henry 
S. Milton appointed auditor. Auditor's second report filed. 
Pending. 



90 ATTORNEY-GENERALS REPORT. [Jan. 

Boston, Mayor and Aldermen of, petitioners. Petition for aboli- 
tion of Blue Hill Avenue and Oakland Street crossings in 
Boston. William B. French, Arthur H. Wellman and George 

A. Kimball appointed commissioners. Commissioners' report 
filed. Fred E. Jones appointed auditor. Auditor's eleventh 
report filed. Pending. 

Boston, Mayor and Aldermen of, petitioners. Petition for aboli- 
tion of all crossings in East Boston. George W. Wiggin, 
William B. French and Edward B. Bishop appointed commis- 
sioners. Pending. 

Boston, Mayor and Aldermen of, petitioners. Petition for aboli- 
tion of Congress Street crossing in Boston. George W. 
Wiggin, Edward B. Bishop and Charles A. Allen appointed 
commissioners. Commissioners' report filed. Fred E. Jones 
appointed auditor. Auditor's twenty-first report filed. Pend- 
ing. 

Revere, Selectmen of, petitioners. Petition for abolition of Win- 
throp Avenue crossing in Revere. George W. Wiggin, 
Everett C. Bumpus and Charles D. Bray appointed commis- 
sioners. Commissioners' report filed. Fred E. Jones ap- 
pointed auditor. Auditor's second report filed. Pending. 

Worcester County. 
Auburn, Selectmen of, petitioners. Petition for abolition of 

Chapin's crossing in Auburn. Harvey N. Shepard, George 

K. Tufts and Charles A. Allen appointed commissioners. 

Commissioners' report filed. A. J. Bartholomew appointed 

auditor. Pending. 
Boylston, Selectmen of, petitioners. Petition for abolition of 

crossing over road between Boylston and Clinton. William 

B. Durant, Edward B. Bishop and O. W. Rugg appointed 
commissioners. Commissioners' report filed. Chas. R.John- 
son appointed auditor. Auditor's report filed. Pending. 

Fitchburg, Mayor and Aldermen of, petitioners. Petition for 
abolition of Laurel Street crossing in Fitchburg. Frank P. 
Goulding, Charles A. Allen and Charles M. Thayer appointed 
commissioners. Commissioners' report filed. George S. Taft 
appointed auditor. Auditor's third report filed. Pending. 

Fitchburg, Mayor and Aldermen of, petitioners. Petition for 
abolition of Putnam Street crossing in Fitchburg. Frank P. 
Goulding, Charles A. Allen and Charles M. Thayer appointed 
commissioners. Commissioners' report filed. George S. Taft 
appointed auditor. Auditor's third report filed. Pending. 



1904.] PUBLIC DOCUMENT — No. 12. 91 

Gardner, Selectmen of, petitioners. Petition for abolition of 
Union Street crossing in Gardner. Frank P. Goulding, 
Charles A. Allen and Franklin L. Waters appointed commis- 
sioners. Commissioners' report filed. Pending. 

Holden, Selectmen of, petitioners. Petition for abolition of Daw- 
son's crossing and Cedar Swamp crossing in Holden. Charles 
A. Allen, Arthur P. Pugg and Henry G. Taft appointed 
commissioners. Commissioners' report filed. Pending. 

Hubbardston, Selectmen of, petitioners. Petition for abolition of 
Depot Road crossing in Hubbardston. Pending. 

Leominster, Selectmen of, petitioners. Petition for abolition of 
Lancaster Street crossing in Leominster. Alpheus Sanford, 
Charles A. Allen and Seth P. Smith appointed commissioners. 
Commissioners' report filed. Fred E. Jones appointed audi- 
tor. Auditor's first report filed. Pending. 

Millbury, Selectmen of, and Selectmen of Sutton, consolidated 
petition for abolition of Daniels crossing in Millbury and 
Yellow House crossing in Sutton. James E. Cotter, Alpheus 
Sanford and Charles A. Allen appointed commissioners. 
Commissioners' report filed. Fred E. Jones appointed audi- 
tor. Auditor's first report filed. Pending. 

Northborough, Selectmen of, petitioners. Petition for abolition 
of Westborough Hospital station crossing in Northborough. 
Thomas Post, William Wheeler and Alpheus Sanford ap- 
pointed commissioners. Commissioners' report filed. Pend- 
ing. 

Northbridge and Uxbridge, joint petition of Selectmen of. Peti- 
tion for abolition of Whitin's Station crossing. Alpheus 
Sanford, Edward B. Bishop and Harry C. Southworth ap- 
pointed commissioners. Commissioners' report filed. Fred 
E. Jones appointed auditor. Auditor's third report filed. 
Pending. 

Southborough, Selectmen of, petitioners. Petition for abolition of 
crossing on road from Southborough to Framingham. Pend- 
ing. 

Southborough, Selectmen of, petitioners. Petition for abolition 
of crossing on road leading from Southborough to Hopkinton. 
George C. Travis, James W. McDonald and William Sullivan 
appointed commissioners. Commissioners' report filed. 
Theodore C. Hurd appointed auditor. Auditor's first report 
filed. Pending. 

Southborough, Selectmen of, petitioners. Petition for abolition of 
Main Street crossing at Fayville in Southborough. Pending. 



92 ATTORNEY-GENERAL'S REPORT. [Jan. 

Sutton and Millbury, consolidated petition of Selectmen of both 
towns. See Millbury. 

Teinpleton, Selectmen of, petitioners. Petition for abolition of 
Baldwinsville crossing in Templeton. Charles Brimblecom, 
Charles A. Allen and Edward P. Chapin appointed commis- 
sioners. Commissioners' report filed. Henry L. Parker ap- 
pointed auditor. Auditor's second report filed. Pending. 

Uxbridge. Directors of New York, New Haven & Hartford Rail- 
road Company, petitioners. Petition for abolition of grade 
crossings in Uxbridge. George W. Wiggin, Timothy G. 
Spaulding and Albert F. Noyes appointed commissioners. 
Commissioners' report filed. Fred E. Jones appointed audi- 
tor. Auditor's first report filed. Pending. 

Warren. Directors of Boston & Albany Railroad Company, peti- 
tioners. Petition for abolition of South Street crossing in 
Warren. George W. Wiggin, Wm. L. Clark and Joseph 
Bennett appointed commissioners. Commissioners' report 
filed. William B. Harding appointed auditor. Auditor's 
second report filed. Pending. 

Westborough, Selectmen of, and Directors of Boston & Albany 
Railroad Company, petitioners. Petition for abolition of 
Main Street and Summer Street crossings in Westborough. 
George W. Wiggin, George N. Smalley and Joseph Ben- 
nett appointed commissioners. Commissioners' report filed. 
H. L. Parker appointed auditor. Auditor's third report filed. 
Pending. 

Worcester, Mayor and Aldermen of, petitioners. Petition for 
abolition of Grafton Street crossing and eight other crossings, 
including alterations of Union Station. James R. Dunbar, 
Henry P. Moulton and George F. Swain appointed commis- 
sioners. Pending. 

Worcester, Mayor and Aldermen of, petitioners. Petition for 
abolition of Hamilton Street crossing in Worcester. Augus- 
tus P. Martin, James D. Colt and Edmund K. Turner ap- 
pointed commissioners. Commissioners' report filed. James 
A. Stiles appointed auditor. Auditor's report filed. Pend- 
ing. 

Worcester. Directors of Boston & Albany Railroad Company, 
petitioners. Petition for abolition of Webster Street, Lud- 
low Street, Sutton Lane and Heard Street crossings in 
Worcester. Harvey N. Shepard, Frederick Brooks and 
Joseph S. Ludlam appointed commissioners. Commissioners' 
report filed. James A. Stiles appointed auditor. Auditor's 
amended second report filed. Pending. 



1904.] PUBLIC DOCUMENT— No. 12. 93 

The following cases have been brought for alleged land damages 
incurred in the alteration of grade crossings. The Commonwealth, 
being obliged under the statutes to pay at least twenty-five per 
cent, of the expenses incurred in the alteration of all grade cross- 
ings, has in all cases been made a party thereto. 

Ballentine et al. v. Town of Gardner. Superior Court, Worcester 
County. Pending. 

Boston et als. v. Boston Wharf Company. Superior Court, 
Suffolk County. Pending. 

Codman et als. v. New England Railroad Company et als. Superior 
Court, Suffolk County. Pending. 

Connell v. Boston & Maine Railroad Company et al. Superior 
Court, Middlesex Countv. Pending. 

Dickinson et al. v. Fitchburg. Superior Court, Worcester County. 
Pending. 

Maiden v. Boston & Maine Railroad Company. Superior Court, 
Middlesex County. Pending. 

McKenna v. Boston et als. Superior Court, Suffolk County. 
Pending. 

Phelps v. Fitchburg Railroad. Superior Court, Middlesex County. 
Pending. 

Putnam Machine Company v. Fitchburg. Superior Court, Worces- 
ter County. Pending. 

Sprague v. Fitchburg. Superior Court, Worcester County. Pend- 
ing. 

Stack v. New York, New Haven & Hartford Railroad et al. 
Superior Court, Hampshire County. Pending. 



94 ATTORNEY-GENERAL'S REPORT. [Jan 



DISSOLUTION OF CORPORATIONS. 



The following corporations having made voluntary application 
to the Supreme Judicial Court for dissolution, and having given 
the Attorney-General due notice of the petition, and the Tax 
Commissioner having certified that they were not indebted to the 
Commonwealth for taxes, the Attorney-General waived right to 
be* heard : — 

A. W. Strauss Paint and Varnish Company. 
Adams Electric Light and Power Company. 
Agawam Paper Company. 
Albermarle Slate Company. 

Albert & J. M. Ardison Manufacturing Company. 
American Steam Gauge and Valve Company. 
Bay State Ice Company. 
Bell Telephone Company. 
Blair Manufacturing Company. 

Boston & Worcester Railroad Mutual Benefit Association. 
Boston Coffer Dam Company. 
Boylston Insurance Company. 
Bradley & Sayward Shoe Company. 
* C. L. Grieves Paint Company. 
C. S. Hoar Company. 
Cape Ann Printing Company. 
Charles River Ice Company. 
Chase & Co. Corporation. 
Christian Witness Company. 
Clark & Chapman Machine Company. 
Dunbar Wood Heel Company. 
East Wareham, Onset Bay & Point Independence Street 

Railway Company. 
F. A. Clapp Horn Company. 
F. L. Hewes Paint Company. 
Fall River Machine Company. 
Falmouth Heights Water Company. 
Fiske Wharf and Warehouse Company. 



1904.] PUBLIC DOCUMENT — No. 12. 95 

Franklin Osborn Company. 

Frankton Mills. 

Fred T. Prior Company. 

Frederick Kendall Company. 

Fuller Company. 

George E. Keith Company. 

Golden Spring Hook and Eye Company. 

Hagop Bogigian Company. 

Hampden Cancelling Machine Company. 

Hetherington Textile Machinery Company. 

John C. Trott Company. 

John O. Smith Company. 

L. V. Colahan Shoe Company. 

Lincoln & Wood Company. 

Lowell Wadding and Paper Company. 

Mansfield Factory and Power Company. 

Massachusetts Fireproof Storage and Warehouse Com- 
pany. 

Massachusetts Society for Promotion of Temperance and 
Inebriates Home. 

Merrett Express Company. 

Metacomet Manufacturing Company. 

Middlesex Coal Company of Lowell. 

Moore & Bennett Coal Company. 

Morgan Company. ^ 

National Bell Telephone Company. 

New England Telephone Company. 

Nonotuck Paper Company. 

Northampton Paper Company. 

Oran McCormack Company. 

Orange Furniture Company. 

Parlor Pride Manufacturing Company. 

Perkins Machine Company. 

Phillips Manufacturing Company. 

Pickering Metcalf Company. 

Putnam & Sprague Company. 

P. C. Inslee Company. 

Robbins-Paine Drug Company. 

Roxbury Bottle Company. 

Simonds Rolling Machine Company. 

Springdale Paper Company. 

Springfield Supply Company. 

Stevens & Willis Company. 

Swett & Lewis Company. 



9(3 ATTORXEY-GEXERAL'S REPORT. [Jan. 

Turners Falls Paper Company. 

V. K. & A. H. Jones Company. 

W. L. Douglass Shoe Company. 

W. S. Reed Toy Company. 

W. S. Swett Company. 

West Stockbridge Lime Company. 

Westborough Factory Building Association. 

Westfielcl Gas Light Company. 

Whitman Paper Box Company. 

William F. Morgan Company. 

Wm. G. Rogers Company. 

Williamstown Electric Light Company. 

Woburn Power Company. 



1904.] PUBLIC DOCUMENT — No. 12. 97 



EETUENS OF CORPORATIONS. 



The following corporations, reported to this department by the 
Tax Commissioner for delinquency in making their tax returns 
under R. L., c. 14, § 37, have been compelled, without the neces- 
sity of a suit at law, to comply with the statute : — 

Agawam Ice Company. 

Andover Press, Limited. 

Arion Manufacturing Company (enjoined on tax suit). 

Arthur C. Harvey Company. 

Athol Water Company. 

Atlantic Lumber Company. 

Barnstable County Street Railway Company. 

Bay State Bottling Company. 

Beacon Manufacturing Company. 

Bemis & Diamond Company, Incorporated. 

Block Plant Electric Light Company. 

Bon Marche" Dry Goods Company. 

Boston Book Binding Company. 

Boston Machine Company. 

Boston Trading and Export Company. 

Bristol & Norfolk Street Railway Company. 

Brockton Industrial Corporation. 

Burbank Produce Company. 

Bush Market Company. 

Caloric Transfer Company. 

Cambridge Baking Company. 

Cantello Manufacturing Company. 

Cape Cod Street Railway Company. 

Carlow & Putnam Company. 

Carter Clothing Company. 

Charles A. Eaton Company. 

Charles H. Dodge Construction Company. 

Charles P. Kearns Company. 

Charles S. Brown Company. 

Chelmsford Foundry Company. 



98 ATTORNEY-GENERAL'S REPORT. [Jan, 

Chelmsford Gas Light Company. 
Child Acme Cutter and Press Company. 
Cochrane Manufacturing Company. 
Cold Spring Grocery Company. 
Connecticut Steam Stone Company. 
Craig & Craig Company. 
Crescent Worsted Company. 
Crocker Drug Company. 
Dane & Washburn Company. 
Davis & Buxton Stamping Company. 
Dickerman Company. 
Dillon Machine Company. 
Doctor Ray Medicine Company. 
Donahoes Magazine Company. 
E. W. Noyes Company. 
Eastern Electric Company. 
Eastern Printing and Engraving Company. 
Emery Bemis Company. 
Evans Stamping and Plaiting Company. 
• Fall River Public Market, Incorporated. 
Fisk Rubber Company. 
Fitchburg Manufacturing Company. 
Fox, Feuerherm & Mentz Leather Company. 
Franklin Educational Company. 
Gardner Gas Fuel and Light Company. 
Garratt-Ford Company. 
George D. Emerson Company. 
George H. Wood Company. 
Goldena Manufacturing Company. 
Greenfield Recorder Company. 
H. A. Lothrop Manufacturing Company. 
H. L. Aldrich Company. 
Haverhill Illuminating Company. 
Hill & Proctor Company. 
Hinckley Rendering Company. 
Holyoke Provision and Cold Storage Company. 
Hudson Gas Light Company. 
Hunt Spiller Manufacturing Company. 
J. A. Glass Company. 
J. H. Williams Wall Paper Company. 
J. P. Jordan Paper Company. 
Kimball & Cary Company. 
Kimball Brothers Company. 
Kuro Medicine Company. 



1904.] PUBLIC DOCUMENT — No. 12. 99 

L. Sprague Company. 

L. V. Colahan Shoe Company. 

Lamprey Boiler Furnace Mouth Protector Company. 

Lovett Company. 

Lyons & Alexander Company. 

Marlier & Co., Limited. 

Massachusetts Chemical and Bacteriological Laboratory, 

Incorporated. 
Massachusetts Contracting Company. 
Massachusetts Investment Company. 
Massasoit Whip Company. 
Medfield & Medway Street Railway Company. 
Metrick Granule and Tablet Company. 
Metropolitan Bolt Company. 
Middleborough Co-operative Association. 
Monarch Horse Nail Company. 
Morning Mail Corporation. 
Morrill Brothers Company. 
Morrison Coal Company. 
Murray Cone Shoe Company. 
Musgrove Knitting Company. 
Mutual District Messenger Company. 
Natick & Needham Street Railway Company. 
New Bedford Co-operative Coal Company. 
New England Dredging Company. 
Nine Mile Pond Fishing Company. 
Norcross Brothers Company. 
Norcross Brown Stone Company. 
Norfolk Western Street Railway Company. 
Nute-Hallett Company. 
P. P. Emory Manufacturing Company. 
People's Coal, Ice and Lumber Company. 
People's Ice Company of Worcester. 
Persons Manufacturing Company. 
Phillipston Street Railway Company. 
Pickering Manufacturing Company. 
Pigeon Hill Granite Company. 
Pond Machine Tool Company. 
R. Butler Company. 
Randall Faichney Company. 
Revere Roller Coaster Company. 
Roeder & Keene Company. 
S. A. Ryan Company. 
Salisbury Beach Aqueduct Company. 



100 ATTORNEY-GENERAL'S REPORT. [Jan. 

Sanitary Manufacturing Company. 

Shady Hill Nursery Company. 

Smith-Warren Compan} 7 . 

South Bay Improvement Company. 

Springfield Construction Company. 

Springfield Elevator and Pump Company. 

Springfield Union Publishing Company. 

Stoughton Gas and Electric Company. 

Suffolk Brewing Company. 

Taunton Dye Works and Bleaching Company. 

Taunton Evening News. 

Telegram Publishing Company. 

Templeton Street Railway Company. 

Thomas & Pike Company. 

Traveller Publishing Company. 

Troy White Granite Company. 

Union Hall Association. 

W. C. Young Manufacturing Company. 

W. D. Wilmarth & Son Corporation. 

Wachusett Mills. 

Waltham Watch Tool Company of Springfield. 

Warren & Brookfield Electric Street Railway Company. 

Westport Harbor Aqueduct Company. 

Weymouth Light and Power Company. 

Weymouth Seam Face Granite Company. 

William N. Flynt Granite Company. 

Worcester Automobile Company. 

Ziegler Electric Company. 

The following corporations, reported to this department by the 
Commissioner of Corporations for delinquency in filing the certificate 
of condition for 1902 and 1903, required by R. L., c. 110, § 51, 
have been compelled, without the necessity of suit, to comply with 
the statute. 

Returns for 1902: — 

Amesbury & Salisbury Gas Company. 
Boston Advertising Company. 
Boston Machine Company. 
Boston Printing Company. 
Bridgewater Water Company. 
Cantelo Manufacturing Company. 
Clarendon Counter Company. 
Co-operative Printing Society. 
Daily News Company. 
Essex Leather Company. 



1904.] PUBLIC DOCUMENT — No. 12. 101 

F. A. Clapp Horn Company. 

Fisher-Churchill Company. 

Gardner Egg Carrier Company. 

Gazette Publishing Company. 

Hanover Printing Company. 

Hayward Company. 

Kelly Shoe Company. 

Lamprey Boiler Furnace Mouth Protector Company. 

Lee Hotel Company. 

Leland Filter Company. 

Magoun Leather Company. 

Marlier & Co., Limited. 

Merrimack Paper Company. 

Newburyport Herald Company. 

Old Colony Boot and Shoe Company. 

Page Electric Company. 

Revere Roller Coaster Company. 

Robert Bleakie Company. 

Rochdale Hall Company. 

Sheldon Brothers Company. 

T. A. Norris Machine Company. 

Traveller Publishing Company. 

Union Hall Association. 

Returns for 1903 : — 

A. O. Speare Company. 
Adams Marble Company. 
Allen & Fox Express Company. 
Allen-Higgins Company. 
Allen Machine Company. 
Arlington Co-operative Association. 
Automotous Boat Company. 

B. L. Bragg Company. 
Baker-Hunnewell Company. 
Bennett's Information Company. 
Blue Hill Granite Company. 

Boston Workingmen's Co-operative Association. 

Brockton Industrial Corporation. 

Burbank Produce Company. 

Bush Market Company. 

Cambridge Baking Company. 

Chas. H. Dodge Construction Company. 

Consolidated Clothing Company. 

Courier-Independent Publishing Company. 

Cutter-Tower Company. 



102 ATTORNEY-GENEKAL'S REPORT. [Jan, 

E. A. Hall Publishing Company. 

East India Extract Company. 

George A. Taylor. 

George Woodman Company. 

Greenfield Recorder Company. 

Hogg Carpet Company. 

Holmes & Blanchard Company. 

Hooper, Lewis & Co. 

Investor Publishing Company. 

J. F. Kimball Company. 

J. P. & W. H. Emond, Incorporated. 

J. P. Jordan Paper Company. 

Kendall Building Company. 

Konkapot Co-operative Creamery Association. 

Lincoln Mill Grain and Feed Company. 

Lyons Granite Company. 

Maiden Mail Company. 

Mansfield Co-operative Furnace Company. 

Marlboro Coal Company. 

Massachusetts Real Estate Company. 

Mattakesett Hall Association. 

Meadow Company. 

National Papeterie Company. 

New England Dredging Company. 

Norfolk Rubber Company. 

O. T. Rogers Granite Company. 

Oak Grove Creamery Company. 

P. P. Emory Manufacturing Company. 

Pean Medical Company. 

People's Coal, Ice and Lumber Company. 

People's Ice Company of Worcester. 

People's Telephone Company. 

Selvey-Wyckoff Company. 

Shady Hill Nursery Company. 

South End Hardware Company. 

Springfield Construction Company. 

Standard Cloth Meter Company. 

Suspension Transportation Company. 

Sutton Cranberry Company. 

Teeling Baking Company. 

Troy White Granite Company. 

Weymouth Seam-Face Granite Company. 

Whitman Manufacturing Company. 

Worcester Fire Appliance Company. 



1904.] PUBLIC DOCUMENT — No. 12. 103 



CASES ARISING IN THE PEOBATE COURTS 

UNDER THE 

Collateral Inheritance Tax Act. 



Barnstable County. 
Howes, Elijah S., estate of. Allen H. Knowles, executor. Peti- 
tion for extension of time for payment of tax. Petition 
assented to. 

Berkshire County. 

Gaylord, William EL, estate of. Evelyn F. Gaylord et aZ., 
administrators. Petition for instructions. 

Bristol County. 

Allen, Mary C, estate of. Charles S. Allen, administrator. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Carnegie, John B., estate of. Wm. Macbeth, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Cory, Henry, estate of. Rowland S. Chase, executor. Petition 
for license to receive personal estate in Massachusetts. At- 
torney-General waived right to be heard. 

Cushing, John K., estate of. Hope G. Gifford, executrix. Peti- 
tion for extension of time for payment of tax. Petition 
assented to. 

Durfee, Amey B., estate of. Samuel S. Durfee, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Pending. 

Dodge, Emma M., estate of. Henry H. Earl, executor. Petition 
for postponement of time for payment of tax. Assented to 
postponement. 

Giambastiani, Francesco, estate of. Octavio Batastini, adminis- 
trator. Petition for license to receive personal estate in 
Massachusetts. Attorney-General waived right to be heard. 

Livsey, Elizabeth K., estate of. Mary H. Richardson, executrix. 
Petition for license to receive personal estate. Attorney- 
General waived right to be heard. 



104 ATTORNEY-GENERAL'S REPORT. [Jan. 

Marble, Jarvis T., estate of. Nancy P. Marble et aZ., petitioners. 
Petition for instructions and postponement of time for pay- 
ment of tax. Consented to postponement. 

Mould, Christopher A., estate of. Wm. C. Parker, administrator. 
Petition for allowance of final account and transfer to foreign 
executor. Pending. 

Palmer, Eveline L., estate of. Edward S. Adams, executor. 
Petition for instructions. Pending. 

Peckham, Harry Lewis, estate of. George W. Sherman, adminis- 
trator. Petition for license to receive personal estate in 
Massachusetts. Attorney-General waived right to be heard. 

Rounds, Joseph, estate of. John T. Cook, administrator. Peti- 
tion for license to receive personal estate in Massachusetts. 
Pending. 

Sisson, Harriet S., estate of. John A. Seabury, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be beard. 

Sisson, Henrietta A., estate of. Winfield S. Sisson, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Smith, Mary A., estate of. Edward F. Danforth, trustee. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Southwick, Adaline, estate of. George William Sherman, ad- 
ministrator. Petition for license to receive personal estate in 
Massachusetts. Attorney-General waived right to be heard 
on payment of tax. 

Southwick, Matilda M., estate of. George W. Sherman, ad- 
ministrator. Petition for license to receive personal estate in 
Massachusetts. Attorney-General waived right to be heard 
on payment of tax. 

Tuckerman, Harriet W., estate of. Daniel W. Bowman, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard on payment 
of tax. 

White, Isaac G., estate of. Emerson F. Ash, executor. Petition 
for instructions. Pending. 

Essex County. 

Abbott, Helen J., estate of. 'Elizabeth M. Abbott, executrix. 
Attorney-General waived right to be heard. 

Allen, Nathaniel H., estate of. Francis H. Witham, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 



1904.] PUBLIC DOCUMENT — No. 12. 105 

Aspinwall, Charles J., estate of. Sessions L. Adams et a£., 
executors. Petition for license to receive personal estate in 
Massachusetts. Attorney-General waived right to be heard 
on payment of tax. 

Bagley, Lucy E. A., estate of. Henry W. Bagley, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard on payment 
of tax. 

Bailey, Stephen, estate of. Fred O. Wheeler, executor. Petition 
for license to receive personal estate in Massachusetts. At- 
torney-General waived right to be heard. 

Bakie, James, estate of. Daniel J. Bakie, administrator. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Bean, Daniel Chase, estate of. George H. C. Bean, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Benfield, Jeremiah, estate of. Wilcomb H. Benfield, adminis- 
trator. Petition for license to receive personal estate in 
Massachusetts. Attorney-General waived right to be heard. 

Benfield, Mary J., estate of. Wilcomb H. Benfield, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Boynton, Howard L., estate of. Arthur W. Boynton, guardian. 
Petition to receive legacies in the hands of executor. At- 
torney-General waived right to be heard. 

Brown, George F., estate of. Mary D. Brown, executrix. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Brown, John H., estate of. J. Howard Brown, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Brown, John T., estate of. Jacob F. Brown, executor. Petition 
for instructions regarding collateral inheritance tax. Pend- 
ing. 

Brown, Langley B., estate of. Henry Abbott, executor. Petition 
for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard on payment of 
tax. 

Chase, Abigail F., estate of. Marianne B. Comings, executrix. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Chase, Elihu F., estate of. Joseph S. Howe, executor. Petition 
for instructions. Pending. 



106 ATTORNEY-GENERAL'S REPORT. [Jan. 

Cogin, Lucretia P., estate of. Kimball Webster, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Collins, Susan J., estate of. L. Waldo Collins, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard on payment of 
tax. 

Currier, Timothy, estate of. George T. Ingalls, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Dickson, Walter S., estate of. First Universalist Society, peti- 
tioners. Petition for instructions. Pending before * full 
court. 

Duncan, Caroline, estate of. John D. Bryant, executor. Claim 
for inheritance tax and interest on several legacies, amount- 
ing to $4,300. Tax paid. 

Dunn, Michael, estate of. William J. Dunn, administrator. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Emmerton, E. Augustus, estate of. Henry M. Batchelder, trus- 
tee. Petition for extension of time for payment of tax. 
Assented to petition. 

Emerson, Henry, estate of. Annie M. H. Emerson, executrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Fellows, Mary D., estate of. Fred S. Johnson, guardian. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorne3 T -General waived right to be heard. 

Fellows, William, estate of. Charles W. Garland, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Fletcher, Lydia J., estate of. Moses A. Safford, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Freeman, Lucy, estate of. Orlando Fogg, executor. Petition 
for license to receive personal estate in Massachusetts. At- 
torney-General waived right to be heard. 

Freeto, Sarah E., estate of. Sarah R. Graves, trustee. Petition 
for reappraisal. Consented to the appointment of Everett 
Paine appraiser. 

French, Lozania C, estate of. Ella M. Smith, executrix. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 



1904.] PUBLIC DOCUMENT — No. 12. 107 

French, Sarah C, estate of. George W. Sanborn, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Fullonton, Abigail D., estate of. John T. Bartlett, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Fullonton, Abigail D., estate of. John T. Bartlett, trustee. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Getchell, Edward G., estate of. William F. Lazell, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Goodwin, Alice S., estate of. Moses E. Goodwin, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Goodwin, Francina Winn, estate of. Eugena A. Goodwin, ad- 
ministratrix. Petition for license to receive personal estate 
in Massachusetts. Attorney-General waived right to be 
heard. 

Goodwin, George, estate of. Charles W. Goodwin, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Goodwin, Lucinda S., estate of. Horatio R. Goodwin, adminis- 
trator. Petition for license to receive personal estate in 
Massachusetts. Attorney-General waived right to be heard. 

Gordon, Simon, estate of. Nellie G. Lake, executrix. Petition 
for license to receive personal estate in Massachusetts. At- 
torney-General waived right to be heard. 

Gove, Cyrus A., estate of. Minnie D. Gove, administratrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Guilford, Priscilla P., estate of. Edwin R. Guilford, adminis- 
trator. Petition for license to receive personal estate in 
Massachusetts. Attorney-General waived right to be heard. 

Guptill, Samuel, estate of. Fred J. Allen, administrator. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Hardy, Ethel Sewell, estate of. Harry P. Sweetser, guardian. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Hayes, Benjamin F., estate of. James C. Hayes, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 



108 ATTORNEY-GENERAL'S REPORT. [Jan. 

Hoyt, Nathan A., estate of. Alden M. Johnson, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Hutchinson, Rosie E., estate of. Henry W. Hutchinson, adminis- 
trator. Petition for license to receive personal estate in 
Massachusetts. Attorney-General waived right to be heard. 

Kenney, Mary A., estate of. Chas. H. Pitman, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Kimball, Albert B., estate of. Mary A. Kimball, administratrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attornej^-General waived right to be heard. 

Lane, Daniel N., estate of. Jonathan A. Lane, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Lougee, Ella M., estate of. Stella G. Colbarth, executrix. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

May, Willard F., estate of. Charles G. Staples, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

McElroy, Martha, estate of. George M. S. Horton, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Merrill, Margaret C., estate of. Millard F. Emery, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Pending. 

Murphy, Cornelius, estate of. Dennis W. Murphy, administra- 
tor. Petition for instructions. Pending. 

Nichols, Mary C, estate of. Frank O. Woods, executor. Peti- 
tion for instructions. Pending. 

Noyes, Louisa F., estate of. Frank R. Hutchins, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Palmer, Bradley D., estate of. Horace W. Bailey, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Pierce, Abigail P., estate of. William W. Hatch, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Pending. 

Pierce, Hiram P., estate of. William W. Hatch, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Pending. 



1904.] PUBLIC DOCUMENT — No. 12. 109 

Purington, Fannie B., estate of. Charles F. Quimby, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Randall, Elizabeth A., estate of. James L. Gibson, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Pending. 

Rundlett, Alfred S., estate of. Jay S. Thompson, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Rundlett, Martha A., estate of. Jay L. Thompson, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard on payment 
of tax. 

Sanborn, Sarah E., estate of. Lewis T. Sanborn, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Shepard, Andrew N., estate of. Harry A. Shepard, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard on payment 
of tax. 

Simpson, Albert E., estate of. Norman B. Simpson, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Pending. 

Smith, Anna C, estate of. George S. Thompson, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Pending. 

Smothers, Alzina S., estate of. Frances A,. Newell, executrix. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard on payment of tax. 

Somers, Edward, estate of. William S. Somers, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Stickney, Mary P., estate of. Warren D. Clark, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Thibodeau, William, estate of. Annie L. Thibodeau, executrix. 
Petition for license to receive personal estate in Massachu- 
setts. 'Attorney-General waived right to be heard. 

Towne, Joseph H., estate of. Rosina C. Towne, executrix. 
Petition for instructions. Pending. 

Turner, Isaac, estate of. Clarence M. Collins, administrator. Pe- 
tition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 



110 ATTORNEY-GENERAL'S REPORT. [Jan. 

Webster, George B., estate of. Joseph R. Webster, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Franklin County. 
Alexander, Amanda M., estate of. Joseph R. Colton et aZ., 

executors. Petition for instructions. Tax claimed. 
Hall, Elizabeth J. H., estate of. George E. Taylor, executor. 

Petition for instructions. Pending. 
Kellogg, Dwight B., estate of. Fredk. E. Kellogg, administrator. 

Petition for allowance of final account. Attorney-General 

waived right to be heard. 
Matton, John L., estate of. Charles H. Green et aL, executors. 

Petition for instructions. Pending. 

Hampden County. 

Allen, Miranda S., estate of. Helen L. S. Abbe, administratrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Arnold, Cynthia A., estate of. Everett P. Russell, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Pending. 

Beckwith, Clara M., estate of. George S. Hills, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Bragg, Noah, estate of. Willard P. Fuller, administrator. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard on payment of 
tax. 

Cavanaugh, Honora, estate of. Mary Cavanaugh, administratrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Crockett, Sara L., estate of. H. L. Harding et aZ., executors. 
Petition of Treasurer and Receiver-General to collect tax on 
said estate. Pending. 

Currier, Samuel D., estate of. Hampden Trust Company, execu- 
tor. Petition for instruction as and extension of time for 
payment of tax. Assented to petition for extension. 

Day, Alexander, estate of. Arthur J. Newell, administrator. 
Petition for reappraisal. Isaac E. Sawyer appointed ap- 
praiser. Assented to return of appraiser. 

Elliott, Augusta C, estate of. Chas. H. Barrows, administrator. 
Petition for instructions as to distribution of certain legacies 
under the will. Attorney-General waived right to be heard. 



1904.] PUBLIC DOCUMENT — No. 12. Ill 

Elliott, Augusta C, estate of. Charles H. Barrows, administrator. 
Petition for allowance of second account. Attorney-General 
waived right to be heard. 

Graves, Horace, estate of. John M. Cunningham, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard on payment of 
tax. 

Graves, Julia M., estate of. George M. Cadwell, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Greenleaf, Elizabeth C, estate of. George W. Cate, executor. 
Petition for instructions. Pending. 

Greenleaf, Elizabeth C, estate of. George W. Cate, executor. 
Petition for postponement of time for payment of tax. As- 
sented to postponement. 

Hunt, Lucia N., estate of. Charles W. Bowker, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard on payment of 
tax. 

Knox, Lorenzo A., estate of. Lizzie V. Knox, executrix. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Lord, Hiram F., estate of. Mary E. Lord, administratrix. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Marsh, Charles S., estate of. Charles A. Gleason, executor. 
Petition for instructions. Answer filed claiming tax. Pend- 
ing. 

McKlwain, James, estate of. John H. Baldwin, executor. Peti- 
tion for instructions. Decree. 

Noble, Catherine D., estate of. John B. Noble, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Pease, Nancy, estate of. Adolphus D. Capen, administrator. 
Petition for license to sell real estate in Massachusetts. At- 
torney-General waived right to be heard. 

Pease, Salmon F., estate of. Chas. Hibbard, executor. Petition 
for license to receive personal estate in Massachusetts. At- 
torney-General waived right to be heard on payment of tax. 

Pyne, Desire A., estate of. Edward K. Bodwitha, executor. Peti- 
tion for instructions. Tax paid. 

Rockwell, Anna M., estate of. S. Willis Rockwell, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 



112 ATTORNEY-GENERAL'S REPORT. [Jan. 

Taylor, Susan P. L., estate of. George E. Hall, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Tenney, Joseph Edwin, estate of. William H. H. Putnam, admin- 
istrator. Petition for license to receive personal estate in 
Massachusetts. Attorney-General waived right to be heard 
on payment of tax. 

Willard, Helen S., estate of. Daniel W. Willard, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Pending. 

Hampshire County. 

Preston, John H., estate of. Nettie E. Miller, executrix. Peti- 
tion for appointment of appraiser to reappraise property in the 
matter of the collateral inheritance tax. Attorney-General 
assented to return of Henry E. Gaylord as appraiser. 

Middlesex County. 

Abbot, Elizabeth, estate of. Emily H. Abbot et al., executrices. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Abbott, Hannah, estate of. Carl E. Knight, administrator. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Abbott, Herman, estate of. Carl E. Knight, administrator. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Adams, Henry W., estate of. Nancy J. Adams, executrix. Peti- 
tion for license to receive personal estate in Massachusetts. 
Pending. 

Ambrose, Ellen P., estate of. Langdon C. Ambrose, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard on pay- 
ment of tax. 

Avery, Sarah H., estate of. Josiah M. Fletcher, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Barrell, George O., estate of. George Manent, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Pending. 

Bemis, Mary C, estate of. Charles F. Carter, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard on payment of tax. 

Berkley, Harriet K., estate of. Asa T. Shaw, administrator. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 



1904.] PUBLIC DOCUMENT — No. 12. 113 

Blake, Charlotte D., estate of. Charles W. York, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Brewster, John, estate of. Wm. Brewster et ah, trustees. Peti- 
tion of trustees for leave to invest trust funds in real estate. 
Attorney-General waived right to be heard. 

Buttrick, Susan B., estate of. George A. Ramsdell, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Campbell, Rebecca Ann, estate of. Charles F. Smith, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Pending. 

Clark, Jeremiah, estate of. John C. Bennett, executor. Petition 
for instructions. Pending. 

Coburn, Zachariah, estate of. Hiram C. Hughes, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Cowley, Sophia M. G., estate of. Eliza Cowley, administratrix 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard on payment of tax. 

Darling, Sarah C, estate of. George P. Cook, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Day, Nathaniel C, estate of. John W. Parker, executor. Peti- 
tion for extension of time for payment of tax. Assented to 
extension. 

Day, Sylvester, estate of. Charles A. Wright, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Dearborn, Sam. G., estate of. Frank A. Dearborn et al., execu- 
tors. Petition for license to receive personal estate in Massa- 
chusetts. Pending. 

Dixon, James F., estate of. Mary Jane Dixon, administratrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Fleming, Edwin, estate of. Vernon E. Carpenter, executor. Pe- 
tition for allowance of second and final accounts. Attorney- 
General waived right to be heard. 

Fleming, Edwin, estate of. Vernon E. Carpenter, executor. Pe- 
tition for instructions. Pending. 

French, Martha Jane, estate of. Samuel F. French et al., execu- 
tors. Petition for license to receive personal estate in Massa- 
chusetts. Attorney-General waived right to be heard. 

Gale, Lilla S., estate of. George P. Gale, administrator. Petition 
for license to receive personal estate in Massachusetts. Pending. 



114 ATTORNEY-GENERAL'S REPORT. [Jan. 

Goodwin, Caroline A., estate of. Clarabella Bacheller, adminis- 
tratrix. Petition for postponement of time for payment of 
tax Assented to petition. 

Grant, David, estate of. Harry D. Grant, administrator. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Gray, Frank A., estate of. Alice M. Gray, administratrix. Pe- 
tition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Hale, Arthur L., estate of. Frank W. Rollins, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard on payment 
of tax. 

Harris, Marcus D., estate of. Mary A. Harris, administratrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Harrison, James, estate of. Peter J. Quinn, administrator. Pe- 
tition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Hay, James, estate of. Mary G. Harris, administratrix. Petition 
for license to receive personal estate in Massachusetts. At- 
torney-General waived right to be heard. 

Hay ward, Mary Louisa, estate of. Eugene H. Conant, executor. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Hoar, Calvin A., estate of. Harry A. Crawford, trustee. Peti- 
tion for instructions. Pending. 

Hobart, Emily B., estate of. Richmond H. T. Taylor, adminis- 
trator. Petition for license to receive personal estate in 
Massachusetts. Pending. 

Hobbs, Anne M , estate of. Edwin G. Merrill, executor. Peti- 
tion for instructions regarding postponement of collateral 
inheritance tax. Decree. 

Hosmer, John, estate of. George S. Hosmer, administrator. Pe- 
tition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Knight, Sarah P., estate of. Emily K. Garland, administratrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Lamb, Ann S., estate of. George C. Brockway et a/s., executors. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Lawrence, Lucy W., estate of. George P. Davis, executor. 
Petition for instructions. Decree. 



1904.] PUBLIC DOCUMENT — No. 12. 115 

Lyford, Asa B., estate of. Fred J. Kendall, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Lyon, Sarah C, estate of. Sheffield H. Lyon, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Manning, Lucinda, estate of. Allen Bottomley et al , trustees. 
Petition for license to sell real estate in Massachusetts held 
for trust purposes. Attorney-General waived right to be 
heard. 

March, Emma A., estate of. Edward P. Kimball, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard on pay- 
ment of tax. 

Maxwell, John H., estate of. Anna L. Maxwell, administratrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

McDonald, Helen M. Willey, estate of. Ernest L. Morandi, 
executor. Petition for instructions. Answer filed claiming 
tax. Pending. 

McWade, Betsy, estate of. Edgar P. Raymond, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Morrison, Leonard A., estate of. Mabel A. Park, administratrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Moulton, Emma, estate of. Arthur C. Moulton, administrator 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Nelson, Lydia A., estate of. Sarah J. Sawyer, administratrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Pulsifer, Sarah L., estate of. David B. Pulsifer, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard 

Rand, Mary E., estate of. Sarah Augusta Floyd, executrix. 
Petition for reappraisal. David Proudfoot appointed ap- 
praiser. 

Robbe, Franklin, estate of. H. Maria Robbe, executrix. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Roberts, Henry A., estate of. John S. Roberts, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Discontinued. 



116 ATTORNEY-GENERAL'S REPORT. [Jan. 

Runey, Mary E., estate of. Charles X. Dalton, executor. Peti- 
tion for instructions. Pending. 
Shanley, Hester E., estate of. James H. Macomber, adminis- 
trator. Petition for license to receive personal estate in 
Massachusetts. Pending. 
Shannon, Mary, estate of. Francis Murdock et aL, executors. 

Petition for instructions. Tax paid. 
Shepard, Andrew N., estate of. Harry A. Sbepard et oL, execu- 
tors. Petition for license to receive personal estate in Massa- 
chusetts. Pending. 
Shepard, Lucy A., estate of. Bertha I. Maxwell, administratrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Shepard, Mary A., estate of. Harry A. Shepard, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Smith, Eleanor M., estate of. Carl E. Knight, executor. Petition 
for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Tenney, Isabella B., estate of. Alonzo C. Tenney, trustee. 
Petition for reappraisal. David A. Ambrose appointed ap- 
praiser. 

Tenney, Isabella B., estate of. Alonzo C. Tenney, executor. 
Petition for instructions. Pending. 

Tileston, Sarah Ann, estate of. Petition of the Treasurer and 
Receiver-General to determine amount of inheritance tax due. 
Pending. 

Towne, Charles A., estate of. Ebenezer B. Towne, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Warner, Frederick A., estate of. Irwin S. Childs, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Weber, Susan, estate of. George A. Weber, administrator. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Wellington, Ellen M., estate of. Kate E. Hazen, executrix. Peti- 
tion for instructions. No tax claimed. 

Worcester, Mary S., estate of. Mary W. D'Oge, executrix. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 



1904.] PUBLIC DOCUMENT — No. 12. 117 



Norfolk County. 

Capen, Barnabus D., estate of. David A. Hincks, trustee. Peti- 
tion for instructions. Decree. 

Cole, Mary E. W., estate of. Arthur W. Cole, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Kent, Anne, estate of. Alexander Murchison, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

O'Connell, Margaret, estate of. Mary O'Sullivan et al. , executrices. 
Petition for license to receive personal estate in Massachu- 
setts. Pending. 

Ruggles, Mary C, estate of. Petition for reappraisal. Franklin 
Perrin, Arthur Perrin and Henry B. Goodwin appointed 
appraisers. 

Stillings, Albert F., estate of. Samuel W. Stillings, petitioner. 
Petition for reappraisal. Charles R. Evans appointed ap- 
praiser. Attorney-General waived right to be heard on return 
of appraiser. 

Wilder, Charles T., estate of. Herbert A. Wilder et al, execu- 
tors. Petition for allowance of executors' final account. 
Attorney-General waived right to be heard. 

Plymouth County. 
Stevens, Charles E., estate of (Bradford, treasurer, v. Stevens, 
executor). Petition for instructions. Pending in full court. 

Suffolk County. 

Adams, Addie Spalter, estate of. Frank B. Spalter, executor 
Petition for license to receive personal estate in Massachu 
setts. Attorney-General waived right to be heard. 

Adams, Esther M., estate of. Thomas P. Izard, administrator 
Petition for license to receive personal estate in Massachu 
setts. Attorney-General waived right to be heard. 

Allen, Susan Elethia, estate of. Sarah L. Wood, administratrix 
Petition for license to receive personal estate in Massachu 
setts. Attorney-General waived right to be heard. 

Ames, Sullivan Dorr, estate of. Frank A. Sayles, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Anthony, Hezekiah, estate of. Elisha Dyer, trustee. Petition for 
license to receive personal estate in Massachusetts. Attorney- 
General waived right to be heard. 



118 ATTORNEY-GENERAL'S REPORT. [Jan. 

Arnold, Edward H., estate of. Frank Arnold, executor. Petition 
for license to receive personal estate in Massachusetts. At- 
torney-General waived right to be heard. 

Bates, John D., estate of. Edward C. Bates et aZ., administrators. 
Petition for extension of time for payment of tax. Decree. 

Bean, Leeta A., estate of. Ernest L. Bean, executor. Petition 
for license to receive personal estate in Massachusetts. At- 
torney-General waived right to be heard. 

Benson, Harriet, estate of. Edwin H. Roberts, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard on payment 
of tax. 

Blodgett, Casbie, estate of. Clinton Collins, administrator. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Broad, Olive H., estate of. James R. Hill, administrator. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Bryant, Clarinda, estate of. Ellen B. Dudley, executrix. Petition 
for license to receive personal estate in Massachusetts. At- 
torney-General waived right to be heard. 

Bryant, Sarah R., estate of. Amey B. Pierce, executrix. Petition 
for license to receive personal estate in Massachusetts. At- 
torney-General waived right to be heard on payment of tax. 

Burrall, Peter S., estate of. Henry B. Anderson, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard on payment of tax. 

Bush, John, estate of. J. Francis Bush, administrator. Petition 
for license to receive personal estate in Massachusetts. At- 
torney-General waived right to be heard. 

Canavan, Daniel F., estate of. Emma Mayo, executrix. Petition 
for license to receive personal estate in Massachusetts. At- 
torney-General waived right to be heard. 

Chadwick, Joseph H., estate of. Elizabeth Linscott et al., execu- 
tors. Petition for reappraisal for purpose of assessing 
collateral inheritance tax. Attorney-General consented to 
appointment of Robert B. Fairbairn, F. T. Hammond and 
James A. Bailey as appraisers. 

Chamberlain, Almira W., estate of. John B. Chamberlain, execu- 
tor. Petition for license to receive personal estate in Massa- 
chusetts. Attorney-General waived right to be heard on 
payment of tax. 

Charman, Henry, estate of. William Percy Cogan et al., executors. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 



1904.] PUBLIC DOCUMENT — No. 12. 119 

Checkley, Francis L., estate of. Mary E. Checkley, administratrix. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Coad, Mary E., estate of. John Coad, administrator. Petition 
for license to receive personal estate in Massachusetts. At- 
torney-General waived right to be heard. 

Cochran, James, estate of. James A. Cochran, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Cocking, Edward, estate of. Henry Law et al., executors. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Codman, Maria P., estate of. Robert M. Morse et al, executors. 
Petition for instructions to determine the amount of the 
collateral legacy tax. Pending. 

Crooke, Isabella, estate of. Reuben F. Crooke, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Crowell, George A. L., estate of. Frances Crowell, administratrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Danforth, James H., estate of. Joseph B. Russell, executor, v. 
Home for Aged Couples et al. Petition for instructions. At- 
torney-General waived right to be heard. 

Darwin, Sarah P. A., estate of. William E. Darwin, etal., execu- 
tors. Petition for licenses to receive personal estate in Mas- 
sachusetts. Attorney-General waived right to be heard on 
payment of tax. 

Day, Leonard, estate of. Moses P. White, executor. Petition 
for instructions and postponement of time for payment of tax. 
Assented to postponement. 

DeLand, Thomas W., estate of. Solomon Lincoln et al., trustees. 
Petition for extension of time for payment of tax. Assented 
to petition. 

Dyer, Elisha, estate of. Elisha Dyer, trustee. Petition for license 
to receive personal estate in Massachusetts. Attorney-Gen- 
eral waived right to be heard. 

Emery, Moses J., estate of. Mary A. Emery, administratrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Fitz, Eustace C, estate of. William A. Monroe et al., executors. 
Petition for instructions. Assented to petition. 

Flint, Caroline H., estate of. James M. Flint, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 



120 ATTORNEY-GENERAL'S REPORT. [Jan. 

Ford, Ellen, estate of. Clarence H. Green, administrator. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

French, Caroline M., estate of. Frances G. French, adminis- 
tratrix. Petition for license to receive personal estate 
in Massachusetts. Attorney-General waived right to be 
heard. 

Fuller, Lucy H., estate of. Frank A. Fuller, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Gallup, Abby C, estate of. Joseph A. Gallup, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Hahn, Edward P., estate of. Mary E. Hahn, et al., executors. 
Petition for license to receive savings bank deposit. Attor- 
ney-General waived right to be heard. 

Hapgood, Warren, estate of. Hiram Johnson et al., executors. 
Petition for instructions. Tax paid. 

Hay, Gustavus, Jr., estate of. James W. Austin, executor. 
Petition for instructions. Decree. 

Hayden, Lodonia E., estate of. Gertrude E. Hayden, adminis- 
tratrix. Petition for license to receive personal estate 
in Massachusetts. Attorney-General waived right to be 
heard. 

Hayes, Claragusta L. McD., estate of. Samuel D. Felker, execu- 
tor. Petition for license to receive personal estate in Massa- 
chusetts. Pending. 

Heath, Annie E. A., estate of. William A. Heath, executor. 
Petition for instructions. Pending. 

Hildreth, Horace W., estate of. Guy A. Hildreth, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Hill, Maria B., estate of. William Hill, administrator. Petition 
for license to receive personal' estate in Massachusetts. 
Attorney-General waived right to be heard. 

Hooper, Avery Francis, estate of. Bertha C. Hooper, adminis- 
tratrix. Petition for license to receive personal estate in 
Massachusetts. Attorney-General waived right to be heard. 

Houghton, Anna G., estate of. John W. Smith, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Howe, Irving A., estate of. D. J. Lord, administrator. Petition 
of Treasurer and Receiver-General for payment of tax on 
certain legacies. Pending. 



1904.] PUBLIC DOCUMENT — No. 12. 121 

Hunt, Mary A., estate of. Mary E. Hunt et a?., trustees. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Hutchius, Samuel L., estate of. Mary A. Hutchins, executrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Johnson, Nanny Wason, estate of. Edward H. Wason, executor. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Jones, Huldah P., estate of. Elmer E. Jones, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Josephs, Julia, estate of. George E. Josephs, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Kimball, Daniel N., estate of. Mary J. Kimball, administratrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Lawson, Rose A., estate of. G. Albert Smith, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard on pay- 
ment of tax. 

Lincoln, William F., estate of. Frederic L. O'Leary, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard on pay- 
ment of tax. 

Littlefield, Henrietta J., estate of. William A. Pierce, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Lowell, Eliza, estate of. George A. Safford et a/., executors. 
Petition for license to receive personal estate in Massachu- 
setts. Pending. 

Luques, Hannah A., estate of. Mary E. Cousens, executrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Manley, Hosea, estate of. John A. Morrill, executor. Petition 
for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Marble, Maria L., estate of. Aurelius V. Cole, executor. Peti- 
tion for license to receive savings bank deposit. Attorney- 
General waived right to be heard on payment of tax. 

Mason, William H., estate of. Bela P. Learned, administratrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 



122 ATTORNEY-GENERAL'S REPORT. [Jan. 

Mathes, Susan D., estate of. Sam'l H.Green, executor. Peti- 
tion for license to receive corporation stock. Attorney- 
General waived right to be heard. 

McDole, John T., estate of. Alvin F. Wentworth, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

McDonald, Syrene, estate of. William H. Haskell, executor. 
Petition for instructions. Tax paid. 

McLeod, Isabella, estate of. "Wallace Munroe et aZ., executors. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Merrick, Helen M., estate of. William O. Seamans, adminis- 
trator. Petition for license to receive personal estate in 
Massachusetts. Attorney-General waived right to be heard. 

Meyers, William, estate of. Clarence N. Meyers, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Mills, James E., estate of. William E. Mills, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Moore, Daniel H., estate of. George B. Moore et al., executors. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Newton, John A., estate of. Wm. Newton, administrator. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Nickerson, John H., estate of. Josiah H. Hobbs, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard on pay- 
ment of tax. 

Prescott, Mary C, estate of. George W. Merrill, administrator. 
Petition for reappraisal. Edmund H. Talbot, appraiser. 

Preston, Martha M., estate of. John Preston, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Richards, Emily, estate of. Ira Colby, administrator. Petition for 
license to receive personal estate in Massachusetts. Attorney- 
General waived right to be heard. 

Richards, Louise S., estate of. Charles S. Richards, adminis- 
trator. Petition for license to receive personal estate in 
Massachusetts. Pending. 

Richards, Marion, estate of. Ira Colby, administrator. Petition 
for license to receive personal estate in Massachusetts. At- 
torney-General waived right to be heard. 



1904.] PUBLIC DOCUMENT — No. 12. 123 

Rives, Arthur Landon, estate of. William C. Rives et al., ad- 
ministrators. Petition for license to receive personal estate 
in Massachusetts. Attorney-General waived right to be 
heard. 

Roberts, Henry A., estate of. John S. Roberts, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Russell, Freeman W., estate of. Lucinda Q. Russell, executrix. 
Petition for license to receive personal estate. Attorney- 
General waived right to be heard. 

Russell, Waldo A., estate of. Julia Wallace Russell, executrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Rust, William A., estate of. Dora D. Rust et a?., executors. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Salisbury, Edward E., estate of. Simeon E. Baldwin et al., 
trustees. Petition for postponement of payment of tax. 
Petition consented to. 

Sanborn, Martha E., estate of. Mary E. Caverly, , executrix. 
Petition for license to receive personal estate in Massachu 
setts. Attorney-General waived right to be heard. 

Sayre, Eliza A., estate of. Oramel S. Sayree, administrator. Pe- 
tition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Scovil, Hezekiah, estate of. Caroline A. Scovil et aZ., executors. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard on payment 
of tax. 

Seavey, Mary C. H., estate of. Charlotte A. Blake, executrix. 
Petition for license to receive personal estate in Massachu- 
setts. Pending. 

Shaw, Sarah Jane, estate of. Martha Ann Sawson, administra- 
trix. Petition for license to receive personal estate in Massa- 
chusetts. Attorney-General waived right to be heard. 

Sherman, Charles B., estate of. Ellery C. Park, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Snee, Bridget, estate of. Mary Doyle, executrix. Petition for 
license to receive personal estate in Massachusetts. Attorney- 
General waived right to be heard. 

Stevens, Rebecca, estate of. Fannie R. Stevens, administratrix. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 



124 ATTORNEY-GENERAL'S REPORT. [Jan. 

Stewart, Susan T., estate of. Caroline S. Stewart, administratrix. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Sweet, Catherine, estate of. Theodore Andrews, executor. Pe- 
tition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard in Massachusetts 
on payment of tax. 

Thomas, Austres S., estate of. Martha A. Samuels, administra- 
trix. Petition for license to receive personal estate in Massa- 
chusetts. Attorney-General waived right to be heard. 

Towle, Ida M., estate of. William H. Waterhouse, administrator. 
Petition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard on payment of tax. 

Trask, Madeline P., estate of. Susan J. Littlefield, executrix. 
Petition for reappraisal. Stanley M. Bolster appointed ap- 
praiser. 

Trostorff, Maria J., estate of. Lee M. Friedman et al., executors. 
Petition for reappraisal. Carleton Hunneman appointed ap- 
praiser. 

Tuttle, Edwin, estate of. Horace W. Bailey, administrator. Pe- 
tition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Varney, Loretta S., estate of. Josiah H. Hobbs, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Virgin, Elizabeth B., estate of. Samuel F. Morrill, executor. 
Petition for license to receive personal estate in Massa- 
chusetts. Attorney-General waived right to be heard. 

Waldron, Lucinda Evans, estate of. Marinda A. Stevens, execu- 
trix. Petition for license to receive personal estate in Massa- 
chusetts. Attorney-General waived right to be heard. 

Webber, Frederick E., estate of. John D. Bryant et al., trustees. 
Petition for allowance of sixth and seventh accounts. No 
action taken. 

Weber, Frederick E., estate of. John D. Bryant et al., executors. 
Petition for instructions. Decree. 

Weld, Eliza G., estate of. Leonard Ware, trustee. Petition for 
discharge of lien on real estate. Assented to petition. 

Wentworth, Mark N., estate of. Albert W. Leighton, adminis- 
trator. Petition for license to receive personal estate in Mas- 
sachusetts. Attorney-General waived right to be heard on 
payment of tax. 

Weston, Nancy M., estate of. Lottie B. Sanborn, administratrix. 
Petition for reappraisal. Stanley M. Bolster appointed ap- 
praiser. 



1904.] PUBLIC DOCUMENT — No. 12. 125 

Wiethsbach, Victor, estate of. Robert Lutz, administrator. Pe- 
tition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Woodbury, William R., estate of. Sidney H. Woodbury, admin- 
istrator. Petition for license to receive personal estate in 
Massachusetts. Attorney-General waived right to be heard. 

Woods, Henry, estate of. Henry D. Woods et aL, executors. Peti- 
tion for extension of time for payment of tax. Pending. 

Young, Sarah H., estate of. Frank A. Miller, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Worcester County. 

Adams, Eliza A., estate of. Stephen H. Bacon, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Albee, Jane R., estate of. John C. F. Wheelock, executor. Pe- 
tition for reappraisal. Lewis C. Prindle appointed appraiser. 

Bailey, Caroline W., estate of. Edward L. Bailey, executor. 
Petition for allowance of final accounts. No action taken. 

Ballou, Rebecca, estate of. Alfred Sawyer, administrator. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Bassett, Mary G., estate of. Isaac H. Coe, executor. Petition 
for license to receive personal estate in Massachusetts. At- 
torney-General waived right to be heard on payment of tax. 

Boynton, Oscar S , estate of. Frank A. Tuttle, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
License granted. 

Bucher, Elizabeth E., estate of. Charles E. Ehrehart, admin- 
istrator. Petition for license to receive personal estate 
in Massachusetts. Attorney-General waived right to be 
heard. 

Bullard, Marcus, estate of. Fayette F. Downing, executor. Pe- 
tition for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Butterfield, Ella D., estate of. Ellen M. Butterfield, executrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Carr, Susan E. A., estate of. George N. Carr, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Chase, Nathaniel T., estate of. George E. Danforth, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 



126 ATTORNEY-GENERAL'S REPORT. [Jan. 

Colburn, Henry J., estate of. Eliza A. Colburn et a£., executors. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Cutter, Edwin R., estate of. Hattie A. Cutter, executrix. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Dana, Jonathan P., estate of. T. H. Gage, Jr., administrator. 
Petition for instructions. Decree. 

Foster, Eliza A., estate of. Oscar J. Howard, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Freeman, Lucy, estate of. Orlando Fogg, administrator. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Gould, William R., estate of. Sarah F. Gould, petitioner. Peti- 
tion for termination of trust. Attorney-General waived right 
to be heard. 

Guilford, Ann Maria, estate of. Asa T. Jones, executor. Peti- 
tion for postponement of time for payment of tax. Assented 
to postponement. 

Heminway, Levi J., estate of. Remo E. Allen et al., executors. 
Petition for reappraisal. Sanford C. Kendall appointed 
appraiser. 

Hill, Susan F., estate of. Edwin D. Paige, administrator. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Howard, Susan T., estate of. Luther G. Howard, executor. 
Petition for instructions. Pending. 

Hyland, Clara A., estate of. Jesse B. Hyland, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Leet, Adam R., estate of. Ellen M. Leet, executrix. Petition for 
license to receive personal estate in Massachusetts. Attorney- 
General waived right to be heard. 

Livingston, Elizabeth, estate of. Charles P. Livingston, admin- 
istrator. Petition for license to receive personal estate in 
Massachusetts. Attorney-General waived right to be heard. 

Marston, Elmira, estate of. John F. Marston, administrator. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

McCarthy, John, estate of. Annie G. McCarthy, administratrix. 
Petition for license to sell real estate in Massachusetts. 
Pending. 



1904.] PUBLIC DOCUMENT — No. 12. 127 

Palmer, Lydia A., estate of. Arthur B. Calkins, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney- General waived right to be heard. 

Pierce, Martha J., estate of. Allen M. Pierce, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Pinkham, Hannah J., estate of. James M. Gray, executor. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Piper, Charles J., estate of. Emily E. Piper, executrix. Peti- 
tion for license to receive personal estate in Massachusetts. 
Attorney-General waived right to be heard. 

Richardson, Clovis, estate of. William E. Wheelock, executor. 
Petition for license to receive personal estate in Massachu- 
setts. Pending. 

Robbins, John, estate of. Marcena Robbins, administratrix. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Titus, William, estate of. Marieth Titus, executrix. Petition for 
license to receive personal estate in Massachusetts. Attorney- 
General waived right to be heard ■. 

Towne, George W., estate of. Gilman A. Taggart, adminis- 
trator. Petition for license to receive personal estate in 
Massachusetts. Attorney-General waived right to be heard. 

Tuttle, Leonard J., estate of. Susan M. Tuttle et aL, executors. 
Petition for license to receive personal estate in Massachu- 
setts. Attorney-General waived right to be heard. 

Wardwell, Maria T., estate of. Lora E. Learned, administra- 
trix. Petition for license to receive personal estate in Massa- 
chusetts. Attorney-General waived right to be heard. 

Webster, Lorenzo, estate of. Benezit H. Bill, executor. Petition 
for license to receive personal estate in Massachusetts. Attor- 
ney-General waived right to be heard. 

Wheelock, Jerome, estate of. Worcester Safe Deposit and Trust 
Company, petitioner. Petition for instructions. Pending. 



128 ATTORNEY-GEXERAL'S REPORT. [Jan. 



PUBLIC CHARITABLE TRUSTS. 



Bristol County. 

Ricketts, James, estate of. Petition of overseers of the poor of 
Fairhaven and Attorney-General to sell certain estate in 
trust. Pending. 

Essex County. 

Barker, Jonathan Tyler, estate of. Petition for sale of real estate. 
Attorney-General waived right to be heard. 

Barr, Henry, estate of. Young Men's Christian Association, peti- 
tioner. Petition for appointment of trustee. Assented to 
petition. 

Bivingtoo, Thomas, estate of. Trustees of donations to the Prot- 
estant-Episcopal Church, petitioners. Petition for leave to 
convey trust funds. Attorney-General waived right to be 
heard. 

Essex Agricultural Society v. Massachusetts General Hospital 
Corporation and the Attorney-General. Petition to sell real 
estate and to apply the doctrine of cy-pres. Service accepted. 
Petition dismissed. Petitioner appealed. Pending. 

Smith, David E., estate of. Petition for appointment of a trustee. 
Assented to petition. 

Hampden County. 

Elliott, Augusta C, estate of. Charles H. Barrows, adminis- 
trator. Petition for instructions as to method of carrying out 
a charitable bequest. Attorney-General waived right to be 
heard. 

Elliott, Augusta C, estate of. Church of Christ v. Charles H. 
Barrows et al. Petition to pay over trust funds. Answer 
filed. 

Redding, Mary, estate of. Ellen S. Leach, petitioner. Petition 
for appointment of administrator. Attorney-General waived 
right to be heard. 

Hampshire County. 

Hopkins Academy, trustees of, petitioners. Petition for leave to 
invest funds left for charitable purposes. Attorney-General 
waived right to be heard. 



1904.] PUBLIC DOCUMENT — No. 12. 129 

Middlesex County. 

Bigelow, Hannah E., estate of. Arthur Hastings et al., executors. 
Petition for license to sell real estate. Attorney-General 
waived right to be heard. 

Carter, Sabra, estate of. Chester W. Clark, administrator v. 
Attorney-General. Bill in equity for instructions. Pending. 

Donovan, Julia A., estate of. Edward F. Slattery, petitioner. 
Petition for instructions and the appointment of a trustee. 
Decree. 

Fisk, Peter, estate of. Samuel Cook et al., petitioners. Petition 
for appointment of a trustee. Attorney-General waived right 
to be heard. 

Goodnow, Luther, estate of. Robert S. Minot, trustee. Petition 
for leave to sell trust funds and reinvest. Assented to peti- 
tion. 

Greenleaf , James, estate of. Richard H. Dana, trustee, v. Richard 
H. Dana et al. Petition for instructions. Pending before the 
full court. 

Martin, Webster W., estate of. Wesley T. Lee, executor, v. 
Marshall O. Wilcox. Petition for leave to compromise suits 
pending against estate left for charitable purposes. Con- 
sented to compromise. 

Mundy, John F., estate of. Patrick H. Riley, petitioner. Peti- 
tion for appointment of trustee. Attorney-General waived 
right to be heard. 

Munroe, Adeline A., estate of. Adeline M. Ames et al. v. N. 
Munroe Ames et al. Petition to determine title to certain 
real estate in Massachusetts devised for charitable purposes. 
Attorney-General waived right to be heard. 

Nesmith, Thomas, estate of. George F. Richardson, trustee. 
Petition for allowance of first account. Attorney-General 
waived right to be heard. 

Osgood, George C, et al. v. John Z. Rogers et al. Bill in equity 
to determine the disposition of the Rogers fund. Pending 
before full court. 

Paine, Jeannie W., estate of. R. D. Weston-Smith, executor, v. 
First Parish et al. Bill in equity for instructions. Attorney- 
General waived right to be heard. 

Parmenter, Harriet, estate of. Osgood, George C, et al. v. Albert 
D. Carter et al. Petition to determine a public charitable 
trust. Decree. 

Phinney, Robert J. W., estate of. Sarah M. C. Phinney, execu- 
trix. Petition to terminate trust. Attorney-General waived 
right to be heard. 



130 ATTORNEY-GENERAL'S REPORT. [Jan. 

Richardson, Chandler R., estate of. Warren M. Bacheller et aL, 

trustees. Petition for the appointment of a trustee. Assented 

to petition. 
Symms Arlington Hospital v. Attorney-General et al. Bill in 

equity for license to sell land in Massachusetts Revised for 

charitable purposes. Attorney-General waived right to be 

heard. 
Taylor, Catherine H., estate of. Mary Nesmith et al., trustees. 

Petition for appointment of a trustee. Attorney-General 

waived right to be heard. 

Norfolk County. 
Sears, Davis, estate of. Frederick R. Sears et aL, trustees. Pe- 
tition for sale of real estate. Attorney-General waived right 

to be heard. 

Suffolk County. 

Billings, Robert C, estate of. Minns et al. v. Billings et al. Bill 
in equity in the Supreme Judicial Court for instructions. Re- 
served for the determination of the full court. Pending. 

Brigham, Peter Bent, estate of. Bill in equity in the Circuit Court 
of the United States to determine the validity of certain be- 
quests for charitable purposes. Rescript. 

Bussey, Benjamin, estate of. Bill in equity to authorize trustees 
of a public charitable trust to sell land. Pending. 

Croft, Caroline, estate of. Minot, trustee, v. George H. Lyman 
et al. Bill in equity for instructions. Pending. 

Franklin, Benjamin, estate of. Petition of the Attorney-General 
for appointment of trustees under will of Benjamin Franklin. 
Henry L. Higginson, Francis C. Welch, A. Shuman, Chas. 
T. Gallagher, Rev. Chas. W. Duane, Stopford Brooke and 
Alexander K. McLennan appointed trustees. Pending. 

Hale, Robert S., et al. v. Worcester Academy et al. Petition for 
appointment of trustee. No action taken. 

Messerve, Hopley T., estate of. George H. Penderghast, exec- 
utor. Petition regarding a public charitable trust. Pending. 

Minot, Robert S., administrator. Nancy Goodnow v. Attorney- 
General et al. Petition for instructions. Attorney-General 
waived right to be heard. 

Murray, Patrick, estate of. Petition for appointment of a master 
to devise a scheme for distribution of trust funds. Pending. 

Redding, Mary, estate of. Mabie, administrator, v. Leach, ex- 
ecutor, and Attorney-General. Bill in equity in the Supreme 
Judicial Court concerning a public charitable trust. Attorney- 
General waived risrht to be heard. 



1904.] PUBLIC DOCUMENT — No. 12. 131 

Taft, Lewis S., estate of. George S. Taft, petitioner. Petition 
for the appointment of a trustee. Assented to petition. 

Taylor, Katherine H., estate of. Kate A. Hastings, petitioner. 
Petition to ascertain residue of trust estate. Howard K. 
Brown appointed master. Report filed. Appealed to Su- 
preme Judicial Court. 

Thayer, John Elliott, estate of. Charles F. Adams, 2d, peti- 
tioner. Petition for appointment of trustee. Attorney-Gen- 
eral waived right to be heard. 

Thompson, Thomas, estate of. Minot, trustee, v. Attorney-Gen- 
eral. Bill in equity regarding a public charitable trust. 
Pending. 

Williams, Charles, estate of. John Ballantyne, Jr., executor. 
Petition to the Supreme Judicial Court for instructions. 
Pending. 

Worcester County. 

Fairbanks, Jacob H., estate of. Petition for instructions. At- 
torney-General waived right to be heard. 

Murdock, Ephraim, estate of. D. H. Barnes et ah., trustees. 
Petition for the appointment of a trustee. Assented to peti- 
tion. 

Washburn, Ichabod, estate of. Worcester City Missionary Soci- 
ety, trustee. Petition for instructions. Decree. 



132 ATTORNEY-GENERAL'S REPORT. [Jan. 



SUITS CONDUCTED BY THE ATTORNEY-GENERAL 

In Behalf of State Boards and Commissions. 



The following cases have been reported to this department by 
State boards and commissions, to be conducted by the Attorney- 
General or under his direction, pursuant to the provisions of St. 
1896, c. 490: — 

1. Metropolitan Park Commission. 

Petitions to the Superior Court for assessment of damages 

alleged to have been sustained by the taking of land by the said 

commission. 

Essex County. 

Allen, Lucy R., v. Commonwealth. Settled by agreement. 

Hay, Allan, v. Commonwealth. Trial by jury. Reserved for 

full court on question of interest. Rescript. 
Murphy, Michael, v. Commonwealth. Pending. 
Woodbury, John P., v. Commonwealth. Trial by jury. 

Middlesex County. 
Barrett, Charles M., v. Commonwealth. Settled by agreement. 
Bean, Charlotte, et cds. v. Commonwealth. Pending before full 

court. 
Bragdon, Louis G., v. Commonwealth. Settled by agreement. 
Bridge, Edmund, v. Commonwealth. Settled by agreement. 
Burrows, Jane, et al. v. Commonwealth. Settled b}' agreement. 
Carret, James R., trustee, v. Commonwealth. Pending. 
Clark, David O., et al. v. Commonwealth. Pending. 
Cordingly, William S., v. Commonwealth. Pending. 
Curtis, Charles P., trustee, under the will of John M. Williams, v. 

Commonwealth. Pending. 
Dresser, Mary A. P., v. Commonwealth. Pending. 
Dresser, William R., v. Commonwealth. Pending. 
Dwyer, Michael F., v. Commonwealth. Pending. 
Freeman, Helen A., v. Commonwealth. Settled by agreement. 
Hemenway, Alfred, v. Commonwealth. Pending. 
Jackson, Walton P. L., v. Commonwealth. Pending. 
Lawrence, Samuel C, v. Commonwealth. Pending. 



1904.] PUBLIC DOCUMENT — No. 12. 133 

Lyon, Weltha G., v. Commonwealth. Pending. 

McSweeney, Eugene G., v. Commonwealth. Pending before full 

court. 
Neilan, Mary, v. Commonwealth. Pending. 
O'Hara, Daniel, et al. v. Commonwealth. Pending. 
Phinney, Eliza B., v. Commonwealth. Disposed of. 
Rawson, Warren W., v. Commonwealth. Pending. 
Rogers, Frank R., et al., executors of the estate of Joseph F. 

Wilson, v. Commonwealth. Trial by jury. 
Stewart, Martha P., v. Commonwealth. Settled by agreement. 
Stewart, Martha P., v. Commonwealth. Settled by agreement. 
Stone, Joseph, et als. v. Commonwealth. Settled by agreement. 
Viles, Alden E., et al. v. Commonwealth. Pending. 
Viles, Daniel F., et al. v. Commonwealth. Pending. 
Warren, Daniel, v. Commonwealth. Settled by agreement. 
Whitney, John R., et al., trustees, v. Commonwealth. Pending. 

Norfolk County. 

Carter, Charles L., et al. v. Commonwealth. Pending. 

Chick, Winthrop H., v. Commonwealth. Settled by agreement. 

Devlin, Mary A., v. Commonwealth. Settled by agreement. 

Gallagher, Joseph H., et al. v. Commonwealth. Settled by agree- 
ment. 

Guy, Charles W., v. Commonwealth. Pending. 

Hamblin, Howard M., v. Commonwealth. Trial by jury. 

Hamblin, Howard M., v. Commonwealth. Settled by agreement. 

Harlow, William H., et als., executors, v. Commonwealth. Set- 
tled by agreement. 

Hawes, Charles E., v. Commonwealth. Settled by agreement. 

Hawes, Charles E., v. Commonwealth. Settled by agreement. 

Hayden, John E. V., v. Commonwealth. Trial by jury. 

Higgins, Henry M., v. Commonwealth. Settled by agreement. 

Howe, Kittie M., v. Commonwealth. Settled by agreement. 

Kennedy, John, v. Commonwealth. Settled by agreement. 

Klous, Seman, v. Commonwealth. Referred to auditor. Trial 
before auditor. Pending. 

Klous, Seman, v. Commonwealth. Pending. 

MacDonnell, Mary A., v. Commonwealth. Settled by agreement. 

Mahoney, Dennis W., et al. v. Commonwealth. Trial by jury. 
Motion for new trial. Pending. 

McKenna, Elizabeth, v. Commonwealth. Settled by agreement. 

Meek, William T., v. Commonwealth. Pending. 

New York, New Haven & Hartford Railroad Company v. Com- 
monwealth. Settled by agreement. 



134 ATTORNEY-GENERAL'S REPORT. [Jan. 

New York, New Haven & Hartford Railroad Company v. Com- 
monwealth. Settled by agreement. 

New York, New Haven & Hartford Railroad Company v. Com- 
monwealth. Settled by agreement. 

New York, New Haven & Hartford Railroad Company v. Com- 
monwealth. Settled by agreement. 

New York, New Haven & Hartford Railroad Company v. Com- 
monwealth. Pending. 

New York, New Haven & Hartford Railroad Company v. Com- 
monwealth. Pending. 

Pope, Hannah C, v. Commonwealth. Settled by agreement. 

Reardon, Ellen, v. Commonwealth. Settled by agreement. 

Reutemann, Charles, v. Commonwealth. Settled by agreement. 

Reutermann, Charles, v. Commonwealth. Settled by agreement. 

Rice, Harry L., v. Commonwealth. Pending. 

Schultze, Gustav A., v. Commonwealth. Settled by agreement. 

Schultze, Gustav A., v. Commonwealth. Settled by agreement. 

Scott, Jane W., v. Commonwealth. Pending. 

Scott, Jane W., v. Commonwealth. Pending. 

Squantam Yacht Club v. Commonwealth. Settled by agreement. 

Stack, John, v. Commonwealth. Settled by agreement. 

Stack, John, trustee, v. Commonwealth. Settled by agreement. 

Stack, John, trustee, v. Commonwealth. Settled by agreement. 

Toole, Martin, v. Commonwealth. Trial by jury. 

Toole, Martin, v. Commonwealth. Settled by agreement. 

Washburn, George F., v. Commonwealth. Settled by agreement. 

Plymouth County. 
Roman, Frank A., v. Commonwealth. Settled by agreement. 

Suffolk County. 

Atkins, Florence R., v. Commonwealth. Trial by jury. 

Bamford, Albert J., et als. v. Commonwealth. Pending. 

Boston & Revere Electric Street Railway Company v. Common- 
wealth. Pending. 

Conness, John, v. Commonwealth. Trial by jury. Reserved for 
full court. Pending. 

Conness, John, v. Commonwealth. Disposed of. 

Coughlin, Abbie F., v. Commonwealth. Trial by jury. 

Hall, Frances J., et al. v. Commonwealth. Pending. 

Hall, Frances J., et als. v. Commonwealth. Pending. 

Hazlett, John P., v. Commonwealth. Settled by agreement. 

Jessop, Ann Elizabeth, v. Commonwealth. Pending. 

Jones, Alfred E., v. Commonwealth. Settled by agreement. 



1904.] PUBLIC DOCUMENT — No. 12. 135 

Jones, Alfred E., v. Commonwealth. Settled by agreement. 

Jones, Charles A., v. Commonwealth. Settled by agreement. 

Jones, Charles A., v. Commonwealth.- Settled by agreement. 

Jones, Francis A., v. Commonwealth. Settled by agreement. 

Jones, Francis A., v. Commonwealth. Settled by agreement. 

Jones, Robert J., v. Commonwealth. Settled by agreement. 

Jones, Robert J., v. Commonwealth. Settled by agreement. 

Jones, Sarah E., v. Commonwealth. Settled by agreement. 

Jones, Sarah E., v. Commonwealth. Settled by agreement. 

Lynn & Boston Railroad Company v. Commonwealth. Pending. 

Martine, Abba M., v. Commonwealth. Trial by jury. 

Martine, Abba M., v. Commonwealth. Settled by agreement. 

Mayers, John H., executor, v. Commonwealth. Pending. 

New York, New Haven & Hartford Railroad Company v. Com- 
monwealth. Settled by agreement. 

Proctor, George F., v. Commonwealth. Pending. 

Read, Augustine H., et al. v. Commonwealth. Pending. 

Ring, Constant Q., v. Commonwealth. Pending. 

Rogers, Mary E., v. Commonwealth. Pending. 

Ryan, F. Henrietta, v. Commonwealth. Pending. 

Skilton, Elizabeth A., v. Commonwealth. Pending. 

Skilton, Elizabeth A., v. Commonwealth. Pending. 

Smith, Emma, v. Commonwealth. Settled by agreement. 

Somerby, Julianna H., v. Commonwealth. Pending. 

Streeter, Susan S. T., v. Commonwealth. Pending. 

Thayer, Joseph H., v. Commonwealth. Settled by agreement. 

Thayer, Joseph Henry, et al. v. Commonwealth. Settled by agree- 
ment. 

Wadsworth, P. Briggs, v. Commonwealth. Pending. 

Wadsworth, Susan, v. Commonwealth. Pending. 

Warner, Joseph B., et al. v. Commonwealth. Settled by agree- 
ment. 

Watson, Sarah B., v. Commonwealth. Settled by agreement. 

White, Daniel L., v. Commonwealth. Pending. 

White, Daniel L., v. Commonwealth. Pending. 

Wyman, George W., v. Commonwealth. Pending. 

Young, Elizabeth E., v. Commonwealth. Pending. 

Young, Elizabeth E., v. Commonwealth. Pending. 



136 ATTORXEY-GEXERAL'S REPORT. [Jan. 

2. Metropolitan Water and Sewerage Board. 
Petitions to the Supreme Judicial and Superior Courts for as- 
sessment of damages alleged to have been sustained by the taking 
of land, and rights and easements in land, by said Board. 

Middlesex County. 
Boston & Albany Railroad Company v. Commonwealth. Settled 

by agreement. 
Bowditch, Elizabeth F., et al. v. Commonwealth. Pending. 
Buck, William H., v. Commonwealth. Pending. 
Cameron, Katherine S-, v. Commonwealth. Pending. 
Childs, Eliza M., et al. v. Commonwealth. Pending. 
Commonwealth v. Boston & Albany Railroad Company. Settled 

by agreement. 
Dooley, Edward, v. Commonwealth. Pending. 
Dunn, Johanna T., v. Commonwealth. Settled by agreement. 
Dutton, Harry, v. Commonwealth. Pending. 
Eichorn, Mary C, v. Commonwealth. Pending. 
Foster, Francis A., v. Commonwealth. Pending. 
Framingham Water Company v. Commonwealth. Pending. 
Hancock, George W., v. Commonwealth. Settled by agreement. 
Hasenfus, Clemense, v. Commonwealth. Pending. 
Irving, Anthony, et al. v. Commonwealth. Pending. 
Jackson, Samuel M., et al., trustees, v. Commonwealth. Pending. 
Maiden v. Commonwealth. Pending. 

Maiden, Medford and Melrose v. Commonwealth. Pending. 
Medford v. Commonwealth. Pending. 
Melrose v. Commonwealth. Pending. 

Milton, Henry S., et al., trustees, v. Commonwealth. Pending. 
Nashua River Paper Company et al. v. Commonwealth. Settled. 
Perkins, Robert F., v. Commonwealth. Pending. 
Perry, Ralph L., v. Commonwealth. Pending. 
Rand, Charles A., et al., executors, v. Commonwealth. Settled 

by agreement. 
Reeves, Walter E., v. Commonwealth. Pending. 
Shaw, Francis, v. Commonwealth. Pending. 
Skinner, Caroline E., et al. v. Commonwealth. Pending. 
Stone, Joseph, et al. v. Commonwealth. Settled by agreement. 
Vose, Abner S., v. Commonwealth. Settled by agreement. 
Walker, Elmira S., v. Commonwealth. Pending. 
Ward, George A., et al. v. Commonwealth. Pending. 
Warren, Charles A., v. Commonwealth. Pending. 
Whitney, John R., et al. v. Commonwealth et al. Pending. 
Young, Charlotte W., v. Commonwealth. Pending. 



1904.] PUBLIC DOCUMENT — No. 12. 137 



Norfolk County. 

Flint, Charles L., v. Commonwealth. Settled by agreement. 

Havahan, Francis J., v. Commonwealth. Settled by agreement. 

Hodgkinson, Charles C, v. Commonwealth. Trial by jury. Pend- 
ing on motion for new trial. 

Hunt, Henry W., et al. v. Commonwealth. Trial by jury. Before 
full court on exceptions. Exceptions overruled. 

Lowell, Charles, v. Commonwealth. Pending. 

Rice, Harry L., v. Commonwealth. Pending. 

Scheffreen, Jacob, v. Commonwealth. Settled by agreement. 

Tyndale, Theodore H., v. Commonwealth. Settled by agreement. 

Suffolk County. 

Boston v. Commonwealth. Trial by jury. 

Boston & Albany Railroad Company v. Commonwealth. Settled 
by agreement. 

Evangelical Lutheran Church for Works of Mercy v. Common- 
wealth. Settled by agreement. 

Gibbons, William H., v. Commonwealth. Pending. 

Holyhood Cemetery Association v. Commonwealth. Pending. 

Noon, Margaret, v. Commonwealth. Settled by agreement. 

Stone, Jasper W., et al., administrators, v. Commonwealth. 
Settled by agreement. 

Stone, Joseph, et als. v. Commonwealth. Settled by agreement. 

Worcester County. 
Allen, George S., v. Commonwealth. Reserved for full court. 
American Telephone and Telegraph Company v. Commonwealth. 

Pending. 
American Telephone and Telegraph Company v. Commonwealth. 

Pending. 
Ayer, Eliza A., v. Commonwealth. Referred to commissioners. 

Trial before commissioners. 
Bacon, Emory A., v. Commonwealth. Referred to commissioners. 

Pending. 
Bacon, Marinna, v. Commonwealth. Referred to commissioners. 

Pending. 
Barry, Ellen A., v. Commonwealth. Referred to commissioners. 

Trial before commissioners. 
Bemis, Elevyn H., v. Commonwealth. Settled by agreement. 
Berlin, Andrew, v. Commonwealth. Referred to commissioners. 

Pending. 
Bigelow Carpet Company v. Commonwealth. Settled by agree- 
ment. 



138 ATTORNEY-GENERAL'S REPORT. [Jan. 

Bigelow Carpet Company v. Commonwealth. Settled by agree- 
ment. 

Bigelow Carpet Company v. Commonwealth. Settled by agree- 
ment. 

Bigelow Carpet Company v. Commonwealth. Settled by agree- 
ment. 

Bond, Louis, v. Commonwealth. Referred to commissioners. 
Trial before commissioners. 

Boyd, Andrew, v. Commonwealth. Referred to commissioners. 
Pending. 

Boynton, Henry A., v. Commonwealth. Referred to commis- 
sioners. Settled by agreement. 

Bradley, Patrick, v. Commonwealth. Referred to Ernest H. 
Vaughan, George A. Sanderson and Charles E. Ware, com- 
missioners. Pending. 

Brigham, Eunice F., et al. v. Commonwealth. Referred to com- 
missioners. Settled by agreement. 

Bruce, William M., v. Commonwealth. Referred to commissioners. 
Pending. 

Buck, Delia J., v. Commonwealth. Settled by agreement. 

Buck, William H., v. Commonwealth. Pending. 

Buck, William H., v. Commonwealth. Pending. 

Burgess, Thomas H., v. Commonwealth. Referred to Ernest H. 
Vaughan, George A. Sanderson and Charles E. Ware, com- 
missioners. Pending. 

Burpee, Edgar W., executor, v. Commonwealth. Pending. 

Burpee, Julia A. F., v. Commonwealth. Pending. 

Carville, Clarence, v. Commonwealth. Pending. 

Carville, Clarence, v. Commonwealth. Referred to commissioners. 
Settled by agreement. 

Cather, Charles E., et al. v. Commonwealth. Settled by agree- 
ment. 

Chapman et al. v. Commonwealth. Referred to commissioners. 
Pending. 

Chapman, Sarah, v. Commonwealth. Referred to commissioners. 
Pending. 

Chapman, Walter E., v. Commonwealth. Referred to commis- 
sioners. Pending. 

Chapman, Walter E., v. Commonwealth. Referred to commis- 
sioners. Pending. 

Chase, Frances H., administratrix, v. Commonwealth. Referred 
to commissioners. Settled by agreement. 

Clemons, Benjamin H., v. Commonwealth. Pending. 

Cotting, Chas. XL, et als. v. Commonwealth. Referred to commis- 
sioners. Pending. 



1904.] PUBLIC DOCUMENT — No. 12. 139 

Counter, Fred, v. Commonwealth. Pending. 

Cowee, Edward A., v. Commonwealth. Settled by agreement. 

Cowee, Edward A., v. Commonwealth. Settled by agreement. 

Cowee, Edward A., v. Metropolitan Water Board and Common- 
wealth. , Settled by agreement. 

Cowee, Edward A., v. Metropolitan Water Board and Common- 
wealth. Settled by agreement. 

Cowee, Edward A., v. Metropolitan Water Board and Common 
wealth. Settled by agreement. 

Cowee, Edward A., v. Metropolitan Water Board and Common- 
wealth. Settled by agreement. 

Cowee, Edward A., v. Metropolitan Water Board and Common- 
wealth. Settled by agreement. 

Cowee, Hattie L., v. Metropolitan Water Board and Common- 
wealth. Settled by agreement. 

Cunliffe, John, v. Commonwealth. Referred to commissioners. 
Settled by agreement. 

Cutting, Mary F., v. Commonwealth. Referred to commissioners. 
Settled by agreement. 

Davis, John K., v. Commonwealth. Referred to commissioners. 
Settled by agreement. 

Dee, John, v. Commonwealth. Referred to commissioners. 
Pending. 

Dolan, Catherine, v. Commonwealth. Referred to commissioners. 
Pending. 

Dorr, James, v. Commonwealth. Referred to commissioners. 
Pending. 

Dorr, James, v. Commonwealth. Referred to commissioners. 
Pending. 

Dorr, James, v. Commonwealth. Pending. 

Drysdale, Gilbert, v. Commonwealth. Trial by jury. 

Dusoe, Charles, v. Commonwealth. Referred to commissioners. 
Pending. 

Earle, William A., v. Commonwealth. Trial before commission- 
ers. Reserved for full court. Case recommitted to com- 
missioners. Settled. 

Fairbanks, Edwin C, v. Commonwealth. Trial before commis- 
sioners. Reserved for full court. Rescript. 

Fiske, George A., v. Commonwealth. Referred to commissioners. 
Settled by agreement. 

Fitch, Andrew L., v. Commonwealth. Pending. 

Flagg, Geo. A., v. Commonwealth. Pending. 

Foster, Amanda, v. Commonwealth. Pending. 

Fowle, Waldo, v. Commonwealth. Referred to commissioners. 
Settled by agreement. 



140 ATTORXEY-GENERAL'S REPORT. [Jan. 

George, Nathan D., v. Commonwealth. Referred to commission- 
ers. Settled by agreement. 

Goodale, Aaron, v. Commonwealth. Referred to commissioners. 
Pending. 

Graichen, Theresa Ernestine, v. Commonwealth. Trial by jury. 

Harris, Charles M., v. Commonwealth. Referred to commission- 
ers. Settled by agreement. 

Haskell, John C, v. Commonwealth. Referred to commissioners. 
Pending. 

Hastings, Calvin H., v. Commonwealth. Referred to commis- 
sioners. Settled by agreement. 

Hastings, George R., et al. v. Commonwealth. Pending. 

Hastings, Mary Lizzie, v. Commonwealth. Referred to commis- 
sioners. Settled by agreement. 

Hazard, George, v. Commonwealth. Referred to commissioners. 
Trial before commissioners. 

Heinig, Julius, v. Commonwealth. Trial by jury. 

Hills, Arthur T., administrator, v. Commonwealth. Pending. 

Hills, Arthur T., administrator, v. Commonwealth. Pending. 

Holland, Robert, v. Commonwealth. Referred to commissioners. 
Settled by agreement. 

Houghton, Robert C, et al. v. Commonwealth. Pending. 

Houghton, Robert C, et al. v. Commonwealth. Pending. 

Houghton, Robert C, et al. v. Commonwealth. Pending. 

Huntington, Whitman M., v. Commonwealth. Pending. 

Johnson, Addison, executor, v. Commonwealth. Referred to 
auditor. Pending. 

Johnson, Charles S., v. Commonwealth. Referred to auditor. 
Pending. 

Johnston, Robert, v. Commonwealth. Pending. 

Johnston, Robert, v. Commonwealth. Pending. 

Kane, Martin, v. Commonwealth. Trial before commissioners. 

Kendall, George, v. Commonwealth. Referred to commissioners. 
Settled by agreement. 

Kershaw, James H., v. Commonwealth. Referred to commission- 
ers. Pending. 

Keyes, George H., v. Commonwealth. Referred to commissioners. 
Pending. 

Keyes, Henry F., v. Commonwealth. Pending. 

Kirby, Sarah E., v. Commonwealth. Settled by agreement. 

Knight, Henry G., v. Commonwealth. Referred to commission- 
ers. Settled by agreement. 

Lafrade, Peter, v. Commonwealth. Referred to commissioners. 
Pending:. 



1904.] PUBLIC DOCUMENT— No. 12. 141 

Lafayette, Louisa, v. Commonwealth. Referred to commissioners. 
Settled by agreement. 

Lawrence, Emma, v. Commonwealth. Referred to commissioners. 
Settled by agreement. 

Lawrence, George D., v. Commonwealth. Referred to commis- 
sioners. Pending. 

Levi, Sarah, v. Commonwealth. Referred to commissioners. 
Pending. 

Lienhardt, Andrew, v. Commonwealth. Trial by jury. 

Lienhardt, Andrew, v. Metropolitan Water and Sewerage Board. 
Pending. 

Longley, George H., v. Commonwealth. Pending. 

Lord, Joseph M., v. Commonwealth. Referred to commissioners. 
Settled by agreement. 

Lord, Joseph M., v. Commonwealth. Referred to commissioners. 
Settled by agreement. 

Lovell, Angeline E., et al. v. Commonwealth. Referred to com- 
missioners. Pending. 

Lovell, David B., v. Commonwealth. Referred to commissioners. 
Pending. 

Lozeau, Delia, v. Commonwealth. Referred to commissioners. 
Settled by agreement. 

Luce, Mehitable, v. Commonwealth. Settled by agreement. 

Lundren, Per Arvid, v. Commonwealth. Pending. 

Lynch, Thomas, v. Commonwealth. Referred to commissioners. 
Settled by agreement. 

Mackesey, Thomas, v. Commonwealth. Pending. 

Mahan, James, v. Commonwealth. Referred to commissioners. 
Trial before commissioners. 

Mallett, Delina, v. Commonwealth. Settled by agreement. 

Mallett, Delina, v. Commonwealth. Settled by agreement. 

Marsh, Daniel M., v. Commonwealth. Settled by agreement. 

Marsh, James B., v. Commonwealth. Settled by agreement. 

McAndrew, Hannah, v. Commonwealth. Referred to commis- 
sioners. Trial before commissioners. 

McGuinness, Catherine, v. Commonwealth. Settled by agreement. 

McNamara, Austin D., v. Commonwealth. Referred to commis- 
sioners. Trial. Referred to full court. Rescript. 

McNamara, Ellen, v. Commonwealth. Referred to commissioners. 
Trial. 

McNamara, Hannah W., v. Commonwealth. Referred to commis- 
sioners. Trial before commissioners. 

McNamara, Thomas, et al. v. Commonwealth. Referred to com- 
missioners. Trial before commissioners. 



142 ATTORNEY-GENERAL'S REPORT. [Jan. 

McQuade, Henry, Jr., v. Commonwealth. Settled by agreement. 

Merrill, Elizabeth A., v. Commonwealth. Referred to commis- 
sioners. Settled by agreement. 

Moran, Patrick T., v. Commonwealth. Settled by agreement. 

Morse, Amanda, v. Commonwealth. Referred to commissioners. 
Trial before commissioners. 

Nashua River Paper Company et al. v. Commonwealth. Referred 
to commissioners. Trial before commissioners. 

Nault, David, v. Commonwealth. Referred to commissioners. 
Pending. 

Newton, George B., v. Commonwealth. Referred to commis- 
sioners. Settled by agreement. 

Newton, Silas, v. Commonwealth. Referred to commissioners. 
Pending. 

Nichols, Charles E., v. Commonwealth. Settled by agreement. 

Nichols, Luke H., et al. v. Commonwealth. Referred to commis- 
sioners. Settled by agreement. 

O'Brien, John F., v. Commonwealth. Trial by jury. 

O'Brien, John F., v. Commonwealth. Pending. 

Ohnsman, Alexander, v. Commonwealth. Pending. 

O'Toole, Patrick, v. Commonwealth. Referred to commissioners. 
Trial before commissioners. 

Ovenden, William C, v. Commonwealth. Referred to commis- 
sioners. Settled by agreement. 

Peters, Stephen R., v. Commonwealth. Pending. 

Philbin, Mary, v. Commonwealth. Referred to commissioners. 
Trial before commissioners. 

Philbin, Tobias, v. Commonwealth. Referred to commissioners. 
Trial before commissioners. 

Prescott, John B. F., v. Commonwealth. Referred to commis- 
sioners. Settled by agreement. 

Prescott, Martha E., v. Commonwealth. Referred to commis- 
sioners. Pending. 

Redding, George L., et al. v. Commonwealth. Petitioners non- 
suited. 

Reed, Alice N., v. Commonwealth. Referred to commissioners. 
Settled by agreement. 

Reed, Charles EL, v. Commonwealth. Referred to commissioners. 
Settled by agreement. 

Reed, Charles H., v. Commonwealth. Referred to commissioners. 
Settled by agreement. 

Reed, Elizabeth M., et aZ., executors, v. Commonwealth. Referred 
to commissioners. Settled by agreement. 



1904.] PUBLIC DOCUMENT — No. 12. 143 

Rice, Almira F., v. Commonwealth. Referred to commissioners. 
Settled by agreement. 

Roger, William, et al. v. Metropolitan Water Board. Pending. 

Sawin, Charles B., v. Commonwealth. Referred to an auditor. 
Pending. 

Sawyer, Ivers H., v. Commonwealth. Settled by agreement. 

Sawyer, Ivers H., v. Commonwealth. Settled by agreement. 

Scanlon, Michael, v. Commonwealth. Settled. 

Sears, Joshua M., v. Commonwealth. Referred to auditor. 
Trial before auditor. 

Sheldon, Augustus V., v. Commonwealth. Referred to commis- 
sioners. Settled by agreement. 

Shepard, John, v. Commonwealth. Referred to commissioners. 
Settled by agreement. 

Short, Harriett, v. Commonwealth. Referred to commissioners. 
Settled by agreement. 

Sirabian, Kayazan, v. Commonwealth. Referred to commission- 
ers. Pending. 

Smith, Artemus C, v. Commonwealth. Referred to commis- 
sioners. Pending. 

Snow Brothers v. Commonwealth. Referred to commissioners. 
Settled by agreement. 

Storms, William E., v. Commonwealth. Referred to commis- 
sioners. Settled by agreement. 

Sweeney, Austin, v. Commonwealth. Pending. 

Tatro, George, v. Commonwealth. Referred to commissioners. 
Settled by agreement. 

Tay, Ida E., v. Commonwealth. Pending. 

Thomas, A. Mason, v. Commonwealth. Referred to commission- 
ers. Pending. 

Tobin, Mary A., v. Commonwealth. Referred to commissioners. 
Pending. 

Tonry, Margaret F., v. Commonwealth. Referred to commis- 
sioners. Pending. 

Toomey, John, v. Commonwealth. Referred to commissioners. 
Settled by agreement. 

Tyson, Caroline E., v. Commonwealth. Pending. 

Ward, George A., et al. v. Commonwealth. Pending. 

Warfield, Samuel R., v. Commonwealth. Referred to commis- 
sioners. Pending. 

Warfield, Samuel R., v. Commonwealth. Pending. 

Warner, Mary J., v. Commonwealth. Referred to commissioners. 
Pending. 



144 ATTORNEY-GENERAL'S EEPORT. [Jan. 

Warner, Mary J., v. Commonwealth. Pending. 

Warner, William H., v. Commonwealth. Pending. 

Welch, James E., v. Commonwealth. Pending. 

West Boylston v. Commonwealth. Pending. 

West Boylston v. Commonwealth. Pending. 

White, Lucy, v. Commonwealth. Referred to commissioners. 
Pending. 

Whiting, Alfred N., v. Commonwealth. Referred to commis- 
sioners. Pending. 

Wilder, Francis A., et al. v. Commonwealth. Referred to com- 
missioners. Pending. 

Wilder, Francis A., v. Commonwealth. Referred to commis- 
sioners. Pending. 

Wilson, James, v. Commonwealth. Referred to commissioners. 
Settled by agreement. 

Wood, Lucy A., v. Commonwealth. Referred to commissioners. 
Pending. 

Wood, Willie B., v. Commonwealth. Referred to commissioners. 
Pending. 

York, Eda F., v. Commonwealth. Referred to commissioners. 
Settled by agreement. 

3. Massachusetts Highway Commission. 
Petitions to the Superior Court for a jury to assess damages 
alleged to have been sustained by the taking of land, or injury to 
land, by said commission. Under agreement with the Common- 
wealth these cases are defended by the various towns in which the 

land is situated. 

Barnstable County. 

Crowell, Thomas H., v. Commonwealth. Pending. 

Bristol County. 
Davis, Charles H., v. Commonwealth. Pending. 
Lynch, George, et al. v. Commonwealth. Pending. 

Essex County. 
Dane, Sarah E., et al. v. Commonwealth. Settled by agreement. 
Dow, Clara B., v. Commonwealth. Pending. 
Dow, Granville S., v. Commonwealth. Pending. 
Flanders, Betsey S., v. Commonwealth. Pending. 
Flanders, Betsey S., et al. v. Commonwealth. Pending. 

Franklin County. 
Hale, Francis A., v. Commonwealth. Pending. 
Wait, Myra J., v. Commonwealth. Pending. 



1904.] PUBLIC DOCUMENT— Xo. 12. 145 

Hampden County, 
Alvord, Edwin H., v. Commonwealth. Pending. 

Middlesex County. 
Donovan, James H., v. Commonwealth. Pending. 
Fisher, Caroline F., v. Commonwealth. Pending. 
Griffin, John, et al. v. Commonwealth. Pending. 
Hudson Co-operative Bank v. Commonwealth. Pending. 
Temple, Theodore, v. Commonwealth. Pending. 
Thimineur, Joseph, v. Commonwealth. 

Norfolk County. 
Richards, John M., v. Commonwealth. Pending. 
Wellington, Margaret J., v. Commonwealth. Pending. 

Worcester County. 
Gould, Charlotte E., v. Commonwealth. Settled. 
Loring, John S., v. Commonwealth. Pending. 
Warren, Alice E. M., v. Commonwealth. Pending. 

4. Board of Harbor and Land Commissioners. 
Petitions to the Superior Court for assessment of damages caused 
by the taking of land by said commissioners. 

Suffolk County. 
Bent, William H., et al. v. Commonwealth. Pending. 
Butler, Philip H., v. Commonwealth. Pending. 
Clark, Marcus C, v. Commonwealth. Settled by agreement. 
East Boston Company v. Commonwealth. Trial before auditor. 
Jeffries, Anna L., v. Commonwealth. Settled by agreement. 
Lamb, George, et al. v. Commonwealth. Pending. 
Lamb, George, et al. v. Commonwealth. Pending. 

5. Miscellaneous Cases from Above Commissions. 
Essex County. 
Hagerty, Hannah, administratrix of estate of Thomas Meehan, 
v. Commonwealth of Massachusetts and Lynn & Boston Rail- 
road et al. Action of tort to recover damages for personal 
injuries received on State highway. Pending. 

Middlesex County. 
Bradford, Edward S., Treasurer and Receiver-General, v. Charles 
A. Hall. Action of contract to collect betterments assessed 
by Metropolitan Park Commissioners. Pending. 



146 ATTORXEY-GEXERALS REPORT. [Jan. 

Bradford, Edward S., Treasurer and Receiver-General, v. Mary 
A. Dowd. An action of contract to collect betterments as- 
sessed by Metropolitan Park Commissioners. Pending. 

Bogigian, Hagop, Commonwealth v. Action of tort for trespass. 
Pending. 

Bogigian, Helen J. C, Commonwealth v. Information to restrain 
trespass on Commonwealth's land. Pending. 

Gilmore, Jerome, administrator of estate of Alexander Gilmore, 
v. Dennis Shannahan et al. and Metropolitan Water and 
Sewerage Board, trustees. Action of tort to recover dam- 
ages for personal injuries. Pending. 

Murray, John B., v. Commonwealth of Massachusetts and Lynn 
& Boston Railroad et al. Action of tort to recover damages 
for personal injuries received on State highway. Pending. 

Pike, Sophia F., v. Metropolitan Park Commissioners. Action of 
tort to recover for personal injuries to plaintiff. Pending. 

Shea, James D., el al., Commonwealth v. Action of contract to 
recover on bond. Settled by agreement. 

Weaver, Clarence L., et al. v. Dennis Shannahan et al. and the 
Metropolitan Water and Sewerage Board. Action of contract 
under the trustee process. Answer no funds. 

Norfolk County. 
National Contracting Company et al., Commonwealth v. Action 
of contract to recover on bond. Pending. 

Suffolk County. 

Bacon, Willard M., et al. v. Metropolitan Water and Sewerage 
Board. Action of contract for services. Petition dismissed 
by agreement. 

Bacon, Willard M., et al. v. Commonwealth. Petition to recover 
balance due on contract. Settled by agreement. 

Bent, William H., et al. v. Henry W. Swift et al. Action of tort 
growing out of taking by Harbor and Land Commissioners 
of land and flats in South Bay. Pending. 

Chadwick, Everett D., v. Commonwealth of Massachusetts et al. 
Bill in equity to determine party entitled to award by Metro- 
politan Park Commission for land taken in Milton. Pending. 

Conness, John, v. Commonwealth. Petition for a writ of certi- 
orari to quash betterments assessed by Metropolitan Park 
Commissioners. Pending. 

Connolly, Mary E., v. Charles G. Craib. Action of tort to 
recover damages for personal injuries. Pending. 

Crandall, H. Burr, v. Charles Price (superintendent). Action of 
tort for conversion. Pending. 



1904.] PUBLIC DOCUMENT — No. 12. 147 

Dings, Emma, v. Metropolitan Water and Sewerage Board. Ac- 
tion of tort. Damage caused by impure water furnished by 

the defendant. Pending. 
Dings, Martin, v. Metropolitan Water and Sewerage Board. Ac- 
tion of tort. Damages caused by impure water furnished by 

defendant. Pending. 
Doherty, James, v. Edward W. Everson et al. and Metropolitan 

Water and Sewerage Board. Action of tort. Damages caused 

by blasting. Pending. 
Doherty, James, v. Commonwealth. Petition for assessment of 

damages caused by blasting for metropolitan sewer. Pending. 
Doherty, Mary, v. Metropolitan Water and Sewerage Board et al. 

Action of tort. Damage caused by use of impure water 

furnished by defendant. Pending. 
Doherty, Mary E., v. Metropolitan Water and Sewerage Board 

et al. Action of tort. Damage caused by use of impure 

water furnished by the defendant. Pending. 
Duffy, Bernard, v. Metropolitan Water and Sewerage Board. 

Action of tort. Damages caused by impure water furnished 

by defendant. Pending. 
Duffy, Bernard, administrator of the estate of Joanna Duffy, v. 

Metropolitan Water and Sewerage Board. Action of tort. 

Damage caused by impure water furnished by defendant. 

Pending. 
Duffy, Edward, v. Metropolitan Water and Sewerage Board. 

Action of tort. Damage caused by impure water furnished 

by defendant. Pending. 
Duffy, Joseph EL, v. Metropolitan Water and Sewerage Board. 

Action of tort. Damage caused by impure water furnished 

by defendant. Pending. 
Duffy, Mary R., v. Metropolitan Water and Sewerage Board. 

Action of tort. Damage caused by impure water furnished 

by the defendant. Pending. 
Duffy, Maurice, v. Metropolitan Water and Sewerage Board. 

Action of tort. Damage caused by impure water furnished 

by the defendant. Pending. 
Duffy, William J., v. Metropolitan Water and Sewerage Board. 

Action of tort. Damage caused by impure water furnished 

by the defendant. Pending. 
Dunican, Anna L., v. Metropolitan Water and Sewerage Board. 

Action of tort. Damages caused by impure water furnished 

by defendant. Pending. 
Galvin, Nellie B., Commonwealth v. Petition to compel the re- 
moval of buildings projecting upon park reservation. 

Pending. 



148 ATTORNEY-GENERAL'S KEPORT. [Jan. 

Hanscom, Hervey A., et al., Cambridge v. Action of tort grow- 
ing out of accident caused by laying water pipes by Metro- 
politan Water Board in Cambridge. Pending before full 
court. 

Hanscom, Hervey A., et al., Commonwealth v. Action of con- 
tract growing out of accident caused by laying water pipes by 
Metropolitan Water Board in Cambridge. Pending. 

Jones, J. Edwin, et al. v. Commonwealth. Petition for assessment 
of damages caused by breach of contract to construct high- 
level sewer in West Roxbury. Pending. 

Jones, J. Edwin, et al. v. Metropolitan Water and Sewerage Board. 
Action of tort. Damages caused by breach of contract to con- 
struct high-level sewer in West Roxbury. Pending. 

Jones, Richard, v. Metropolitan Water and Sewerage Board et al. 
Action of tort. Damage caused by use of impure water fur- 
nished by defendants. Pending. 

Mason, Jacob M., v. Commonwealth. Action of tort. Personal 
injury growing out of construction of Metropolitan Water 
Works. Pending. 

Metropolitan Water and Sewerage Board v. Leroy E. Coolidge. 
Bill in equity to prevent pollution of waters of Whitehall 
Pond in Hopkinton. Pending. 

National Contracting Company v. Commonwealth of Massachu- 
setts. Petition for assessment of damages caused by breach 
of contract to construct high-level sewer in West Roxbury. 
Reserved for determination of full court on demurrer. Re- 
script. 

Newton, Francis D., et al. v. Henry H. Sprague et ah. Petition 
in the nature of an action of tort to recover damages caused 
by the alleged filling up of a well belonging to plaintiffs. 
Settled by agreement. 

Niland, Michael, v. Commonwealth. Petition for assessment of 
damages caused by blasting for metropolitan sewer. Pend- 
ing. 

Niland, Michael, v. Edward W. Everson et al. and Metropolitan 
Water and Sewerage Board. Action of tort. Damages 
caused by blasting. Pending. 

Normile, Francis, v. Commonwealth of Massachusetts et al. Pe- 
tition for a jury to assess damages caused by construction of 
sewer in Roxbury. Pending. ^ 

Normile, Francis, v. Edward W. Everson & Co. and Henry H. 
Sprague et al. Action of tort. 

Old Colony Construction Company, Commonwealth v. Action of 
contract to recover on bond. Pending. 



1904.] PUBLIC DOCUMENT — No. 12. 149 

Ordway, F. A., et al. v. Dexter W. Royce and Metropolitan Water 
and Sewerage Board. Action of contract under trustee proc- 
ess. Answer no funds. 

Ordway, F. A., et al. v. Dexter W. Royce and Metropolitan Park 
Commissioners. Action of contract under trustee process. 
Answer no funds. 

Rohan, Mary, v. Commonwealth. Petition in the nature of an 
action of tort for personal injuries alleged to have been sus- 
tained in the construction of a section of the metropolitan 
sewer. Pending. 

Southborough, Commonwealth v. Action of contract. Settled 
by agreement. 

Sprague, Henry H., et al. v. James Dorr. Bill in equity for an 
injunction to prevent the pollution of Quinapoxet River. 
Pending before full court. 

Urquhart, Carrie S., v. Metropolitan Water and Sewerage Board 
et al. Action of tort. Damage caused by impure water fur- 
nished by the defendant. Pending. 

Urquhart, Edwin N., v. Metropolitan Water and Sewerage Board 
et al. Action of tort. Damage caused by use of impure 
water furnished by defendant. Pending. 

Urquhart, N. Jefferson, v. Metropolitan Water and Sewerage 
Board et al. Action of tort. Damage caused by impure 
water furnished by the defendant. Pending. 

West Boylston Manufacturing Company v. Metropolitan Water 
Board. Petition for writ of mandamus to compel Metropoli- 
tan Water and Sewerage Board to take property of petitioner. 
Reserved for consideration of full court. Rescript. 

Worcester County. 
Fitch, Andrew L., v. Commonwealth. Action of tort to recover 
for damage to land and water rights in West Boylston caused 
by the takings of the Metropolitan Water and Sewerage Board. 
Pending. 

6. Cases arising under St. 1899, c. 457, "An Act to limit the 

Height of Buildings in the Vicinity of the State House." 
Abbott, Edwin H., v. Commonwealth. Trial before auditors. 
Beebe, E. Pierson, et al. v. Commonwealth. Settled. 
Binney, Amos, et al. v. Commonwealth. Trial before auditors. 
Binney, Amos, v. Commonwealth. Trial before auditors. 
Binney, Arthur, v. Commonwealth. Trial before auditors. 
Binney, Henry P., v. Commonwealth. Trial before auditors. 
Boyden, Edward C, et al., trustees, v. Commonwealth. Settled. 



150 ATTORNEY-GENERAL'S REPORT. [Jan. 

Boyden, Edward C, v. Commonwealth. Settled. 

Brinton, Ferree, et al. v. Commonwealth. Trial before auditors. 

Brinton, Ferree, v. Commonwealth. Trial before auditors. 

Cabot, Susan B., v. Commonwealth. Settled. 

Croft, Arthur, et al. v. Commonwealth. Settled. 

Dexter, Elsie, et al. v. Commonwealth. Pending. 

Dexter, Elsie, et al. v. Commonwealth. Pending. 

Dexter, Philip, et al. v. Commonwealth. Pending. 

Dexter, Philip, et al. v. Commonwealth. Pending. 

Dexter, Philip, et al. v. Commonwealth. Pending. 

Earl, Maria B., et al. v. Commonwealth. Trial before auditors. 

Ebann, Leontine D., v. Commonwealth. Settled. 

Endicott, William, v. Commonwealth. Trial before auditors. 

Forbes, J. Malcom, et al. v. Commonwealth. Pending. 

Frye, Emily J., v. Commonwealth. Settled. 

Goddard, George A., v. Commonwealth. Pending. 

Gray, Francis C, et al. v. Commonwealth. Pending. 

Heard, J. Theodore, et al. v. Commonwealth. Pending. 

Hollingsworth, Polly R., v. Commonwealth. Pending. 

Holmes, Mary J., etal. v. Commonwealth. Settled. 

Lewis, Elizabeth, v. Commonwealth. Pending. 

Lodge, Henry Cabot, administrator, v. Commonwealth. Settled. 

Loring, Anna P., et al. v. Commonwealth. Pending. 

Paine, Robert Treat, v. Commonwealth. Trial before auditors. 

Paine, Robert Treat, et ah. v. Commonwealth. Settled. 

Park, Theodore W., v. Commonwealth. Settled. 

Parker, Charles H., et al. v. Commonwealth. Pending. 

Parkman, George F., v. Commonwealth. Settled. 

Peabody, Francis, et al. v. Commonwealth. Pending. 

Perry, Emily G., v. Commonwealth. Pending. 

Prince, Gordan, et al. v. Commonwealth. Settled. 

Prince, Lucy Maria, et al. v. Commonwealth. Pending. 

Read, Elise H., v. Commonwealth. Pending. 

Read, John, et al., trustees and executors, v. Commonwealth. 

Pending. 
Ritchie, Rosa G., v. Commonwealth. Pending. 
Robinson, Edith V., v. Commonwealth. Settled. 
Ruggles, Henry S., v. Commonwealth. Trial before auditors. 
Swift,' Ethel Dalton, v. Commonwealth. Trial before auditors. 
Warren, Fiske, v. Commonwealth. Pending. 
Way, Charles G., v. Commonwealth. Trial before auditors. 
Winslow, Edward M., v. Commonwealth. Settled. 



1904.] PUBLIC DOCUMENT — No. 12. 151 



7. State Board of Charity. 
(a) Actions of contract pending in the Superior Court to re- 
cover charges for the support of insane paupers in State insane 
hospitals, under the provisions of R. L., c. 87. 

Middlesex County. 
Commonwealth v. Wayland. Pending. 
Shaw, Treasurer, v. Esau Cooper. Pending. 

Suffolk County. 
Bradford, Treasurer, v. Geo. W. Green, administrator. Pending. 
Bradford, Treasurer, v. Alice H. Knight. Pending. 
Bradford, Treasurer, v. Waltham. Pending. 
Marden, Treasurer, v. Peabody. Pending. 
Marden, Treasurer, v. Waltham. Pending. 
Phillips, Treasurer, v. Reading. Pending. 
Phillips, Treasurer, v. Stow. Pending. 
Phillips, Treasurer, v. Worcester. Trial. 

(6) Bastardy complaints brought under R. L., c. 82. 

Middlesex County. 
Brent, Mary, v. Homer C. Chaffee. Pending. 

Suffolk County. 
Johnson, Julia R., v. Henry Williams. Pending. 
McCormick, Mary C, v. Harry Ward. Pending. 

8. State Board of Health. 
Appeals taken to the Superior Court from the rules and orders 
of the State Board of Health, under R. L., c. 75, § 119. 

Ashley, C. S., v. State Board of Health. Pending. 
Canedy, Z. L., v. State Board of Health. Pending. 
Cook, C. A., v. State Board of Health. Pending. 
Dean, Randall, v. State Board of Health. Pending. 
DeMoranville, C. A., v. State Board of Health. Pending. 
Dunbar, Herman A , v. State Board of Health. Pending. 
Hathaway, N. C, v. State Board of Health. Pending. 
Howland, O., v. State Board of Health. Pending. 
Lawry, L. G., v. State Board of Health. Pending. 
Mackie, William A., v. State Board of Health. Pending. 
Nelson, John H., v. State Board of Health, Pending. 
Nelson, S. T., v. State Board of Health. Pending. 



152 : ATTORNEY-GENERAL'S REPORT. [Jan 

Parker, Edward, et al. v. State Board of Health. Pending. 
Perry, A. E., v. State Board of Health. Pending. 
Perry, A. E., trustee, v. State Board of Health. Pending. 
Pratt, Mary H., v. State Board of Health. Pending. 
Sampson, I., v. State Board of Health. Pending. 
Staples, N. G., v. State Board of Health. Pending. 
White, A. F., v. State Board of Health. Pending. 
Wright, William L., v. State Board of Health. Pending. 



1904.] PUBLIC DOCUMENT — No. 12. 153 



MISCELLANEOUS CASES. 



Ahem, Maurice, v. Newton & Boston Street Railway Company. 
Bill in equity in the Circuit Court of the United States to 
restrain the defendant from complying with the provisions of 
St. 1900, c. 197, relative to the transportation of scholars in 
the public schools by street railway companies. Pending. 

American Line. Failure of foreign corporation to file with the 
Commissioner of Corporations papers required by R. L., 
c. 126, § 4. Placed on file. 

American Molybdenum Company. Failure of foreign corporation 
to file with the Commissioner of Corporations papers required 
by St. 1903, c. 437, §§ 58, 60. Referred to Oliver Stevens, 
district attorney. 

American Order of Druids, Attorney-General v. Petition for an in- 
junction and the appointment of a receiver. Injunction issued, 
and John W. Worthington appointed receiver. Pending. 

American Union Oil Refining Company. Failure of foreign cor- 
poration to file with the Commissioner of Corporations papers 
required by St. 1903, c. 437, §§ 58, 60. Pending. 

American Unitarian Association v. Commonwealth. Petition to 
Superior Court for a jury to assess damages sustained to 
property on Bowdoin Street, caused by lowering of grade. 
Pending. 

American Writing Paper Company et al., Attorney-General v. 
Petition for an injunction to restrain respondents from dump- 
ing material into tide water. Discontinued as to American 
Writing Paper Company. 

Amesbury & Salisbury Gas Light Company. Penalty for exist- 
ence of sulphuretted hydrogen in its gas. Pending. 

Andrews, George F. Claim for board of David W. Andrews at 
Westborough Insane Hospital. Pending. 

Atlantic Mutual Life Insurance Company, Insurance Commis- 
sioner v. Petition for an injunction and the appointment of 
a receiver. Pending. 

Atlas Fire Proofing Company. Failure of foreign corporation to 
file with the Commissioner of Corporations papers required by 
St. 1903, c. 437, §§ 58, 60. Filed. 



154 ATTORNEY-GENERAL'S REPORT. [Jan. 

Attleborough Gas Light Company. Violation of R. L., c. 58, 
§ 14. Gas of said company less than sixteen candle-power. 
Referred to town solicitor. Settled. 

Atwater, William C., v. William M. Olin, Secretary of the Com- 
monwealth, et al. Bill in equity to restrain the Secretary of 
the Commonwealth from issuing a license to William C. 
Atwater & Co. Incorporated under the statute licensing 
coal dealers. Pending. 

Ayer Light, Heat and Power Company. Failure to file with the 
Gas Light Commissioners the return required by St. 1886, 
c. 346, § 2, as extended by St. 1887, c. 382, § 2. Pending. 

Bank of Commerce of Virginia, assignee of Herbert R. Leonard, 
v. Commonwealth of Massachusetts. Petition to recover from 
Commonwealth for material furnished to contractor under con- 
tract with Harbor and Land Commissioners. R. D. Weston- 
Smith appointed master. Pending. 

Barker, Annie E. Claim for tide water displaced in Boston har- 
bor. Pending. 

Bay State Beneficiary Association, Attorney-General ex rel. In- 
surance Commissioner v. Petition to the Supreme Judicial 
Court of Suffolk County for an injunction and appointment 
of a receiver. Injunction issued, and Henry C. Hyde, Esq., 
of West Springfield, appointed temporary receiver. Pend- 
ing. 

Berkshire Health and Accident Association, Attorney-General ex 
rel. Insurance Commissioner v. Petition for an injunction 
and the appointment of a receiver. Injunction issued, and 
Alpheus Sanford, Esq., of Boston, appointed receiver. Pend- 
ing. 

Blake, Martha L., v. Commonwealth. Petition to Superior Court 
for damages caused by lowering the grade of Bowdoin Street. 
Pending. 

Boston v. Commonwealth. Sewer assessment on Rutherford 
Avenue, Charlestown. Pending. 

Boston, Commonwealth v. Petition for assessment of damages to 
State Prison buildings, caused by the alteration of grade 
crossings in Charlestown. Pending. 

Boston, City of. Claim for tide water displaced in Fort Point 
channel. Pending. 

Boston v. James H. Doyle et al., Board of Aldermen. Bill in 
equity to restrain said board from expending a portion of the 
Benjamin Franklin fund. Rescript of full court. 

Boston & Lynn Steamboat Express Company, Attorney-General 
v. Petition for dissolution of said company. 



1904.] PUBLIC DOCUMENT— No. 12. 155 

Boston Gas Light Company. Violation of R. L., c. 58, § 14. 

Gas of said company contained sulphuretted hydrogen. 

Placed on file. 
Boston Society of New Jerusalem v. Commonwealth. Pending. 
Boston Terminal Company, Commonwealth v. Superior Court, 

Suffolk County. Reserved for full court. Pending. 
Boston Terminal Company, Commonwealth v. Superior Court, 

Suffolk County. Reserved for full court. Pending. 
Boston Yacht Club, petitioner. Petition to the Court of Land 

Registration to register title to land in Marblehead. Pend- 
ing. 
Boyle, John, v. Hollis M. Blackstone, Superintendent State Farm. 

Action of contract for labor performed by plaintiff while an 

inmate of the State Farm. Pending. 
Bragg, Henry W., et al. v. Commonwealth. Petition to Superior 

Court for Suffolk County for allowance of claim of auditors 

for examination into affairs of Massachusetts Benefit Life 

Association. Pending. 
Bridges, Benjamin F. (Warden, Massachusetts State Prison), v. 

Edward D. Bean. Claim for goods furnished to the defend- 
ant. Pending. 
Brush Chemical Company. Failure to file return required by St. 

1891, c. 341. Pending. 
Cambridge, Bradford v. Claim for tide water displacement. 

Pending. 
Cambridge Gas Light Company. Violation of R. L., c. 58, § 14. 

Gas of said company contained an excess of sulphuretted 

hydrogen. Referred to city solicitor. Pending. 
Cambridge Gas Light Company. Violation of R. L., c. 58, § 14. 

Gas of said company contained sulphuretted hydrogen. 

Placed on file. 
Cambridge Gas Light Company. Penalty under R. L., c. 58, § 14. 

Pending. 
Cape Ann Granite Railroad. Claim for Railroad Commissioners 

tax. Pending. 
Chaffee, Clara. Claim against the city of Newton for board 

at Worcester Insane Hospital. Pending. 
Chapman, Roscoe E., v. Trustees of Massachusetts Hospital for 

Dipsomaniacs and Inebriates. Claim for services. Pend- 
ing. 
Chase, Henry L. Claim for baker's oven sold by Westborough 

Insane Hospital. Pending. 
Chelsea Express Despatch Company. Claim for fees required for 

filing certificates of condition. Pending. 



156 ATTORNEY-GENERAL'S REPORT. [Jan. 

Chicopee, Water Commissioners of. Claim of violation of civil 
service rules. Referred to District Attorney, Charles L. 
Gardner. Pending. 

Clinton Gas Light Company, Attorney-General v. Petition to the 
Supreme Judicial Court for Suffolk County for dissolution and 
the appointment of a receiver under St. 1894, c. 476. Pending. 

Collins, Joseph W., et al. v. James B. Hamblin. Petition to 
require the respondent to construct a fishway in dam on 
Acushnet River. Pending. 

Columbia Electric Company. Claim for corporation tax, 1901. 
Company in bankruptcy. Claim proved. Pending. 

Commonwealth of Massachusetts v. City of Boston et als. Superior 
Court, Suffolk County. Pending. 

Commonwealth of Massachusetts v. City of Boston et als. Superior 
Court, Suffolk County. Pending. 

Coughlin, Humphrey J., et al., Attorney-General v. Petition to 
obtain possession of islands in a great pond. Judgment for 
the Attorney-General by default. 

Curtis Manufacturing Company, petitioner. Petition to the Court 
of Land Registration to register the title to land on Curtis 
Pond. Pending. 

dishing, Lawrence B., et al. v. Commonwealth. Petition to 
Superior Court for damages caused by widening Bowdoin 
Street. Pending. 

Cutter, Olin W., v. Commonwealth. Petition for damages grow- 
ing out of construction of armories in Cambridge and New 
Bedford. Pending. 

Damon, George L. Claim for tide water displacement. Pending. 

Danvers v. Trustees of Danvers Insane Hospital. Petition for 
the appointment of three commissioners under St. 1898, 
c. 564, to determine the sum to be paid by the Commonwealth 
for water provided to the Danvers Insane Hospital by the 
town of Danvers. George A. Blaney, Edwin Dresser and 
William Wheeler appointed commissioners. Commissioners' 
report filed. Reserved for full court. Rescript. 

Dean, Emma S., v. Joshua F. Lewis, superintendent, et al. Peti- 
tion for habeas corpus to release Nellie Alexander from cus- 
tody of Board of Charity. Petition dismissed. 

Dexter, J. P., Attorney-General v. Petition to obtain possession 
of islands in a great pond. Judgment for Attorney-General 
by default. 

Dexter, William A., et al. v. Commonwealth. Petition to Superior 
Court for a jury to assess damages caused by taking land on 
Mt. Vernon Street, Boston. Pending. 



1904.] PUBLIC DOCUMENT — No. 12. 157 

Dougherty, John O. Claim for board of Margaret O. Dougherty 
at Westborough Insane Asylum. Pending. 

Drucker, Walter A. Claim for Cas and Electric Light Commis- 
sioners' tax. Pending. 

Durgin Grocery and Provision Company. Claim for fee for filing 
certificate of condition. Enjoined. 

Eagle Life Association, Attorney-General ex rel. v. Petition for 
an injunction and the appointment of a receiver. Injunction 
issued, and Alfred F. Lilley, Esq., appointed receiver. 
Pending. 

Eagle Mutual Fire Insurance Company, Insurance Commissioner 
v. Petition to the Supreme Judicial Court for Suffolk County 
for an injunction and the appointment of a receiver. Injunc- 
tion issued, and R. D. Weston-Smith, Esq., of Boston, ap- 
pointed receiver. Final decree. 

East Boston Company, petitioner. Petition to Court of Land 
Registration for registration of title to petitioner's land. 
Pending. 

East Wareham, Onset Bay & Fort Independence Street Railway 
Company. Claim for Railroad Commissioners' tax. Com- 
pany dissolved. 

Easthampton Gas Light Company. Violation of R. L., c. 58, 
§ 14. Gas of said company contained sulphuretted hydro- 
gen. Penalty paid. 

Eastern Massachusetts Masonic Mutual Relief Association, Attor- 
ney-General v. Petition for an injunction and the appoint- 
ment of a receiver. Injunction issued, and Eugene C. 
Upton appointed receiver. Pending. 

Eastern Steamship Company. Failure of foreign corporation to 
file with Commissioner of Corporations papers required by 
R. L., c. 126, § 4. Placed on file. 

Eddy, Lyman R., petitioner. Petition to Court of Land Registra- 
tion to register title to Goat Island in Webster. Reserved for 
full court. 

Elder-Dempster Line. Failure of foreign corporation to file with 
Commissioner of Corporations papers required by R. L., 
c. 126, § 4. Placed on file. 

Ellis, George H., Attorney-General ex rel. Harbor and Land Com- 
missioners v. Information in the Supreme Judicial Court for 
Middlesex County to protect the waters of a great pond under 
St. 1888, c. 318. Referred to a master. Pending. 

Fall River Gas Works Company. Violation of R. L., c. 58, 
§ 14. Gas of said company contained sulphuretted hydro- 
gen. Placed on file. 



158 ATTORNEY-GENERAL'S REPORT. [Jan. 

Fidelity Benefit Association, Attorney-General ex rel. v. Petition 
for an injunction and the appointment of a receiver. Injunc- 
tion issued, and A. E. Denison appointed receiver. Pending. 

Firemen's Fire Insurance Company, Insurance Commissioner v. 
Petition to the Supreme Judicial Court for Suffolk County for 
an injunction to restrain the defendant from removing its 
books and papers from the Commonwealth, and the appoint- 
ment of a receiver to recover its capital stock distributed 
without authority of law. Injunction issued. Defendant 
recovered its capital stock and deposited it with the Interna- 
tional Trust Company, as trustee. Pending. 

Forward Benefit Corporation, Attorney-General ex rel. v. Peti- 
tion for an injunction. Company enjoined. 

Fottler, Lucy Ann, et al. v. Commonwealth. Petition to Superior 
Court for damages caused by lowering grade of Bowdoin 
Street. Pending. 

Framingham Savings Bank, Savings Bank Commissioners v. Peti- 
tion to the Supreme Judicial Court for Suffolk County, under 
St. 1894, c. 317, § 6, for an injunction and the appointment 
of a receiver. Injunction issued, and P. H. Cooney and 
A. V. Harrington appointed receivers. Final decree. 

Fraternal Aid, Order of, Attorney-General ex rel. Insurance Com- 
missioner v. Petition to the Supreme Judicial Court for 
Suffolk County for an injunction and the appointment of a 
receiver Injunction issued, and Winthrop H. Wade, Esq., 
of Boston, appointed receiver. Pending. 

Freligh, E. V. Claim for board of Mary E. Freligh at West- 
borough Insane Hospital. Pending. 

Fuller Farm Tool Company. Failure of foreign corporation to file 
with the Commissioner of Corporations papers required by 
R. L., c. 126, § 4. Filed. 

Gardner Gas, Fuel and Light Company. Violation of R. L., 
c. 58, § 14. Gas of said company contained an excess of sul- 
phuretted hydrogen. Referred to town counsel. Settled. 

General Supply and Contracting Company. Failure of foreign 
corporation to file with Commissioner of Corporations papers 
required by St. 1903, c. 437, §§ 58, 60. Filed. 

George H. Wood Company, Attorney-General v. Petition for an 
injunction to restrain respondent from dumping material into 
tide water. Pending. 

Globe Investment Company, Savings Bank Commissioners v. 
Petition to the Supreme Judicial Court for Suffolk County, 
under St. 1888, c. 387, for an injunction and the appointment 
of a receiver. Injunction granted, and Henry A. Wyman 
appointed receiver. Pending. 



1904.] PUBLIC DOCUMENT — No. 12. 159 

Gloucester Water Supply Company, Commonwealth v. Corpora- 
tion tax for 1895. Pending. 

Gold Tunnel Durango Bay Mining Company. Foreign corporation 
tax for 1901 and 1902. Pending. 

Golden Rule Alliance, Attorney-General ex rel v. Petition for an 
injunction and the appointment of a receiver. Injunction 
issued, and William H. Prebble appointed receiver. Pending. 

Goodridge, Clara L., et aZ., executors, v. Commonwealth. Peti- 
tion for assessment of damages for taking by Commonwealth 
of leasehold estate on Mt. Vernon Street. Pending. 

Greendale Chemical and Electric Lighting Company. Claim for 
Gas and Electric Light Commissioners' tax. Paid. 

Guardian Life Insurance Company, Insurance Commissioner v. 
Petition to the Supreme Judicial Court for Suffolk County 
for an injunction and the appointment of a receiver. Injunc- 
tion issued, and Frank D. Allen, Esq , appointed receiver. 
Pending. 

Hampshire Savings Bank, Savings Bank Commissioners v. Peti- 
tion to the Supreme Judicial Court for Suffolk County for an 
injunction and the appointment of a receiver. Injunction 
issued, and Richard W. Irwin, Esq., and Benjamin E. Cook, 
Esq., appointed receivers. Pending. 

Hanson Creek Lead Mines Company. Claim for mining taxes for 
years 1900, 1901 and 1902. Pending. 

Hanson, Lydia W., v. Commonwealth. Petition for damages 
caused by lowering grade of Bowdoin Street. Pending. 

Haverhill Gas Light Company v. Gas and Electric Light Commis- 
sioners et al. Bill in equity in the Circuit Court of the United 
States to restrain the Board from carrying out an order to 
decrease the price of gas in Haverhill. Pending. 

Herrick, Frederick W., Attorney-General v. Petition in equity to 
gain possession of Snake Island in Chebacco Lake. Referred 
to Alden P. White, auditor. Pending. 

Holyoke v. Commonwealth. Petition to reimburse the city of 
Holyoke for board of pauper. Pending. 

Hough, Alexander B., Commonwealth v. Claim for board of 
Julia F. Hough at Worcester Insane Hospital. Pending. 

Humbert First Artillery Mutual Benefit Association, Insurance 
Commissioner v. Failure to make annual report to Insurance 
Commissioner required by St. 1899, c. 442, § 19. Pending. 

Hutchinson, Ida. Claim for services of nurse furnished by the 
Westborough Training School for Nurses. Pending. 

Industrial Home Buyers Association, Attorney-General v. Peti- 
tion for an injunction and the appointment of a receiver. 
Dismissed on motion of the Attorney-General. 



160 ATTORNEY-GENERAL'S REPORT. [Jan. 

Ingliss, William T., et al. v. Commonwealth. Petition to Superior 
Court for a jury to assess damages sustained to property on 
Bowdoin Street, caused by lowering of grade. Pending. 

International Power Company of Worcester. Failure of foreign 
corporation to file with Commissioner of Corporations papers 
required by R. L., c. 126, § 4. Filed. 

Iowa Light, Heat and Power Company. Failure to file annual 
return with Board of Gas and Electric Light Commissioners. 
Pending. 

Iowa Light, Heat and Power Company. Claim for Gas and Elec- 
tric Light Commissioners' tax. Pending. 

Italian Associates of Fall River, Insurance Commissioner v. 
Failure to make annual report to Insurance Commissioner 
required by St. 1899, c. 442, § 19. Pending. 

Jacobson, Henning, v. Commonwealth. Petition for a writ of 
error to the Superior Court in the matter of the constitu- 
tionality of the vaccination statutes. Pending. 

Kaiser Hat and Cap Company. Claim for corporation tax 
for 1897. Company in insolvency. Claim proved. Pend- 
ing. 

Kennedy, George C, Francis C. Welch, trustee. Claim for tide 
water displacement. Pending. 

Kilty, Lawrence F., v. Board of Railroad Commissioners. Peti- 
tion for writ of prohibition to prevent the Railroad Commis- 
sioners from issuing certificate of construction to Hartford 
& Worcester Street Railway Company. Rescript of Supreme 
Judicial Court dismissing petition. 

Knight, Alice H., Westborough Insane Asylum v. Claim for 
board of insane patient in hospital. Referred to N. N. Jones 
of Newburyport for collection. Pending. 

Knights of Justice, Order of, Insurance Commissioner v. Failure 
to make annual report to Insurance Commissioner required by 
St. 1899, c. 442, § 19. Pending. 

LaMoss, Ervin, v. Commonwealth. Petition to Superior Court 
for a jury to assess damages sustained to property on Bow- 
doin Street caused by lowering of the grade of Bowdoin 
Street. Pending. 

Lehmkuhl, Thomas H. Claim for board of Winnifred E. Lehm- 
kuhl at Westborough Insane Hospital. Pending. 

Little, A. M. Claim for goods furnished by Massachusetts State 
Prison. Pending. 

Livingstone, Murray V. Claim for board of Margie A. Living- 
stone in Westborough Insane Hospital. Pending. 

Logan, John P., v. Charles Rice and the Commonwealth. Action 
of contract. Superior Court for Franklin County. Pending. 



1904.] PUBLIC DOCUMENT — No. 12. 161 

Lyman, Mary E. Claim for board of Albert C. Lyman in West- 
borough Insane Hospital. Pending. 

Lyons, Lucien N., Attorney-General ex rel. v. Information to 
restrain respondent from obstructing State highway. Dis- 
missed on motion of Attorney-General. 

Maiden and Melrose Gas Light Company. Violation of R. L., 
c. 58, § 14. Gas of said company contained sulphuretted hy- 
drogen. Pending. 

Maiden Electric Company. Claim for Gas and Electric Light 
Commissioners' tax. Pending. 

Manning, J. C, claim against, for damage to State highway. 
Pending. 

Marlborough Gas Light Company. Violation of R. L., c. 58, 
§ 14. Gas of said company less than sixteen candle-power. 
Referred to city solicitor. Pending. 

Masons Fraternal Accident Association of America, Attorney- 
General v. Petition for an injunction and the appointment 
of a receiver. Injunction issued, and Henry C. Bliss, Esq., 
appointed receiver. (James B. Carroll has been appointed 
receiver in place of Mr. Bliss, who has died.) Pending. 

Massachusetts Masonic Life Association, Attorney-General ex rel. 
Insurance Commissioner v. Petition to the Supreme Judicial 
Court for Suffolk County for an injunction and a receiver 
under St. 1896, c. 515, § 6. Injunction issued, and Jonathan 
Barnes, Esq., of Springfield, appointed receiver. Pending. 

McDowell, J. F., claim against, for merchandise furnished by 
State Prison. Pending. 

McQuesten, George, petitioner. Petition to the Court of Land 
Registration to register title to land in Marblehead. Pending. 

Meany, Thomas. Claim for use of Commonwealth's land in South 
Boston. Pending. 

Medway Electric Light and Power Company. Failure to file with 
Gas Light Commissioners the return required by St. 1886, 
c. 346, § 2, as extended by St. 1887, c. 387, § 2. Pending. 

Melrose Mutual Fire Insurance Company, Insurance Commis- 
sioner v. Petition to the Supreme Judicial Court for Suffolk 
County for an injunction and the appointment of a receiver. 
Injunction issued, and Alpheus Sanford, Esq., appointed 
. receiver. Pending. 

Metcalf, Albert, Bradford v. Claim for tide water displacement. 
Reserved for consideration of full court. Pending. 

Metropolitan Electric Third Rail and Traction Company. Failure 
of foreign corporation to file with Commissioner of Corpora- 
tions the papers required by R. L., c. 126, § 4. Referred to 
Oliver Stevens, district attorney. 



162 ATTORNEY-GENERAL'S REPORT. [Jan. 

Metropolitan Water and Sewerage Board v. City of Marlborough. 
Petition for injunction to restrain the city of Marlborough 
from polluting the water supply. Pending. 

Middleborough v. New York, New Haven & Hartford Railroad 
Company and the Commonwealth. Petition for damages in 
the Superior Court for Plymouth County, growing out of tak- 
ing of land for the purpose of abolishing grade crossings in 
Middleborough. Pending. 

Milford Electric Light and Power Company, Attorney-General v. 
Petition to the Supreme Judicial Court for Suffolk County for 
dissolution and the appointment of a receiver, under St. 1894, 
c. 476. Pending. 

Moody, Convers. Claim for board of Agusta A. Moody in West- 
borough Insane Hospital. Pending. 

Morgan, Jay H., Lyman School for Boys v. Action of contract 
for services of boy placed out by trustees. Pending. 

Mothers' Birthday Club of America. Failure of foreign corpora- 
tion to file with Commissioner of Corporations the papers 
required by R. L., c. 126, § 4. Filed. 

Mount Hope Ferry Company. Failure to file return with Commis- 
sioner of Corporations. Pending. 

Mystic Wharf and Storage Company, Attorney-General v. Peti- 
tion for an injunction to restrain respondent from dumping 
material into tide water. Pending. 

National Building Company, Attorney-General v. Petition for an 
injunction and receiver. Dismissed on motion of Attorney- 
General. 

Netherlands Fire Insurance Company, Attorney-General ex rel. v. 
Violation of St. 1894, c. 522, § 20. Pending. 

Newbury port Gas and Electric Company. Violation of R. L., 
c. 58, § 14. Placed on file. 

Newburyport & Amesbury Horse Railroad Company. Railroad 
Commissioners' tax, 1899. Pending. 

Newburyport, City of. Claim for board of Margaret H. Knight 
at Westborough Insane Hospital. Pending. 

New England Association. Failure of foreign corporation to file 
with the Commissioner of Corporations the papers required by 
R. L., c. 126, § 4. Referred to Oliver Stevens, district 
attorney. 

New England Benefit Association of Milford, Attorney-General 
ex rel. v. Petition for an injunction and the appointment of 
a receiver. John W. Worthington of Boston appointed 
receiver. Pending. 



1904.] PUBLIC DOCUMENT — No. 12. 163 

New England Home Buyers Association, Attorney-General v. 
Petition for injunction and receiver. Reserved for considera- 
tion of full court. Petition dismissed. 

Newton & Newton Rubber Works, Commonwealth v. Bill in 
equity to compel respondents to remove certain obstructions 
from east branch of the Charles River in Newton. Final 
decree entered and allowed. 

New York, Chicago & St. Louis Railroad Company. Failure of 
foreign corporation to file with Commissioner of Corporations 
papers required by R. L., c. 126, § 4. Disposed of. 

Niles Trust Estate. Claim for Gas and Electric Light Com- 
missioners' tax. Pending. 

North Adams Gas Light Company. Violation of R. L, c. 58, 
§ 14. Gas of said company contained sulphuretted hydro- 
gen. Placed on file. 

North Attleborough Gas Light Company. Violation of R. L., 
c. 58, § 14. Gas of said company less than sixteen candle- 
power. Referred to town counsel. Settled. 

Northeastern Indemnity Association, Attorney-General ex rel. v. 
Petition for an injunction and the appointment of a receiver. 
Injunction issued, and F. C. Nash, Esq., appointed receiver. 
Pending. 

Northern Mutual Relief Association, Attorney-General ex rel. 
Insurance Commissioner v. Petition to the Supreme Judicial 
Court for Suffolk County for an injunction and the appoint- 
ment of a receiver. Injunction granted, and Samuel H. Hud- 
son of Boston appointed receiver. Pending. 

Ocean Accident and Guarantee Corporation v. Treasurer and 
Receiver-General et al. Bill in equity to withdraw deposits 
with Treasurer and Receiver-General. 

O'Connell, Bernard D., v. Albert Mason et al. Action of tort in 
the Circuit Court of the United States. Bill dismissed. Ex- 
ceptions filed. Pending. 

Order of New England, Attorney-General v. Petition for an 
injunction and receiver. Pending. 

O'Reily, Richard P., v. Samuel Dalton et als. Petition to the 
Supreme Judicial Court for Suffolk County for a writ of cer- 
tiorari, claiming want of jurisdiction by the board appointed 
under St. 1893, c. 367, § 65, in the matter of the reorganiza- 
tion of the Eighth Regiment of Infantry, M. V. M. Pending. 

Page, Herbert S., et al., petitioners. Petition to the Probate 
Court for Suffolk County for the appointment of a guardian for 
Alvin Page, an insane person chargeable to the State. Pending. 



164 ATTORNEY-GENERAL'S REPORT. [Jan. 

Paine, Robert Treat, v. Commonwealth. Petition to Superior 
Court for a jury to assess damages sustained to property on 
Mt. Vernon Street, caused by the lowering of the grade of 
Mt. Vernon Street. Pending. 

Parker, George. Claim for tide water displacement. Placed on file. 

Peare, George R., v. Socialist Labor Party. Petition to the Mu- 
nicipal Court for Suffolk County for an inquest, under St. 
1898, c. 548, § 305. Pending. 

Peerless Motor Car Company. Failure of foreign corporation to 
file with Commissioner of Corporations papers required by St. 
1903, c. 437, §§ 58, 60. Filed. 

Pentila, Andrew, v. Bekkila Helgias and Joseph H. Scott (super- 
intendent of the Massachusetts Reformatory) . An action of 
tort in the District Court for Middlesex County. Pending. 

Phoenix Rattan Company etal., Joseph F. Scott (superintendent) v. 
Action of contract in the Superior Court for Suffolk County. 
Company petitioned into insolvency after entry of writ. 
Edgar N. Hill, Esq., of Boston, and Joseph F. Scott, Esq., of 
Concord, appointed assignees. Claim proved. Pending. 

Pittsfield Coal Gas Company. Violation of R. L., c. 58, § 14. 
Gas of said company less than sixteen candle-power, and 
contained an excess of sulphur. Referred to city solicitor. 
Settled. 

Pittsfield Electric Street Railway Company. Petition by the Com- 
monwealth for alteration of tracks of said railroad in Dalton. 
Pending. 

Progressive Fraternity, Incorporated, Attorney-General ex rel. v. 
Petition for an injunction and the appointment of a receiver. 
Injunction issued, and John W. Worthington appointed re- 
ceiver. Pending. 

Prudential Home Purchasing Association, Attorney-General v. 
Petition for injunction and receiver. Injunction issued, and 
Burton Payne Gray appointed receiver. Pending. 

Radford, Harry L., v. Commonwealth. Petition for damages 
caused by injury to automobile on State highway. Pending. 

Rice, Fannie. Claim for board in Westborough Insane Hospital. 
Pending. 

Richards, Albin M., Treasurer of the Commonwealth, v. Action 
of contract for tide water displaced in Mystic River. Pending. 

Rosa Marie Sugar Company. Failure to file papers required of a 

foreign corporation. Pending. 
S. T. MaDan Company, Commonwealth v. Action of contract to 
recover for goods bought of Massachusetts State Prison. 
Pending. 



1904.] PUBLIC DOCUMENT — No. 12. 165 

Safety Appliance Equipment Company. Failure of foreign cor- 
poration to file with Commissioner of Corporations papers 
required by R. L., c. 126, § 4. Referred to Oliver Stevens, 
district attorney. 

Salem Gas Light Company. Violation of R. L., c. 58, § 14. 
Placed on file. 

Sargent, Clara J., v. State Board of Lunacy and Charity. Supe- 
rior Court, Essex County. Appeal on a complaint charging 
neglect of children under St. 1882, c. 181. Pending. 

Scott, Jane W., v. Commonwealth. Petition for a writ of cer- 
tiorari to review assessment of betterments by Metropolitan 
Park Commission. Petition dismissed. 

Scully, John T. Claim for tide water displaced in the Charles 
River. Pending. 

Sherman, Everett F. Claim for board of Daniel W. Andrews in 
Westborough Insane Hospital. Pending. 

Sibley, Richard C. Claim for tide water displacement. Pend- 
ing. 

Smith, Maurice, v. Commonwealth. Petition for a writ of error 
to the Superior Court to revise sentence. Pending. 

South Deerfield Gas Company. Failure to file annual report on 
time. Pending. 

South Shore Masonic Mutual Relief Association of Massachusetts, 
Insurance Commissioner v. Petition to the Supreme Judicial 
Court for Suffolk County, under St. 1895, c. 340, for an in- 
junction and the appointment of a receiver. Injunction 
issued, and J. H. Flint appointed receiver. Pending. 

Spencer Gas Company. Violation of R. L., c. 58, § 14. Gas of 
said company contained sulphuretted hydrogen. Pending. 

Spencer, H. Warren, claim against, for board of Emma Wales at 
Massachusetts Hospital for Epileptics. Pending. 

Stickney, J. W., & Co. Claim for displacement of tide water in 
Chelsea Creek. Placed on file. 

Stone, Joseph, Bradford v. Claim for tide water displacement. 
Reserved for consideration of full court. Pending. 

Stoughton Gas and Electric Light Company. Violation of R. L., 
c. 58, § 14. Gas of said company contained sulphuretted 
hydrogen. Placed on file. 

Suffolk Masonic Mutual Relief Association, Attorney-General v. 
Petition to the Supreme Judicial Court for Suffolk County for 
an injunction and the appointment of a receiver, under St. 
1899, c. 442, § 24. Injunction granted, and Edward T. 
Pigeon, Esq., secretary of the association, appointed receiver. 
Pending. 



166 ATTORNEY-GENERAL'S REPORT. [Jan. 

Suffolk Mutual Fire Insurance Company, Insurance Commissioner 
v. Petition to the Supreme Judicial Court for Suffolk County 
for an injunction and the appointment of a receiver, under the 
provisions of St. 1894, c. 522, § 7. Injunction issued, and 
James C. Davis, Esq., appointed receiver. Pending. 

Sun Indemnity Assurance Society, Attorney-General v. Petition 
for an injunction and the appointment of a receiver. Injunc- 
tion issued, and Prescott Keyes, Esq., appointed receiver. 
Pending. 

Supreme Council of United Fellowship, Insurance Commissioner v. 
Petition to the Supreme Judicial Court for Suffolk County, 
under St. 1895, c. 340, for an injunction and the appointment 
of a receiver. Injunction issued, and Oliver Storer, Esq., of 
Boston, appointed receiver. Pending. 

Swampscott Manufacturing Company. Failure of foreign cor- 
poration to file with the Commissioner of Corporations papers 
required by St. 1903, c. 437, §§ 58, 60. Disposed of. 

Tarr, Caroline D. Claim for board of Thomas L. Tarr at Danvers 
Insane Hospital. Pending. 

Taylor, Edgar B., et al. v. Robert Wilson and the Commonwealth 
of Massachusetts. Action of contract. Pending. 

Thomaston Face and Ornamental Brick Company. Failure of 
foreign corporation to file with the Commissioner of Corpora- 
tions papers required by St. 1903, c. 437, §§ 58, 60. Pend- 
ing. 

Thompson, Harry Q., petitioner. Petition for habeas coiyius for 
release from custody of Massachusetts authorities. Writ 
issued. 

Titcomb, George H., v. Cape Cod Ship Canal Company, George 
A. Marden, Treasurer, et al. Petition for injunction to re- 
strain the Treasurer of the Commonwealth from the payment 
of money under St. 1883, c. 259, and St. 1891, c. 397. 
Pending. 

Tufts, Nathan, et al. Claim for tide water displaced in the Mystic 
River. Pending. 

United Brotherhood, Independent Order of Worcester, Incorpo- 
rated, Attorney-General ex rel. v. Petition for injunction 
and the appointment of a receiver. Pending. 

United Industrials. Petition for failure to file return required by 
St. 1884, c. 330. Pending. 

Videx Automobile Company. Failure of foreign corporation to 
file with the Commissioner of Corporations papers required by 
St. 1903, c. 437, §§ 58, 60. Referred to Oliver Stevens, 
district attorney. Papers filed. 



1904.] PUBLIC DOCUMENT — No. 12. 167 

Vose, Julien W. Proceedings to abate filling of tide water with- 
out a license. Pending. 

Ware, Worcester Lunatic Hospital v. Action of contract for the 
board of Hiram L. Wood, a patient in said hospital. Re- 
ferred to the district attorney. Pending. 

Wells, Frank H. Claim for tide water displacement. Pending. 

Wendmuth, E. R. Claim for board of Ethel W. Wendmuth at 
Hospital for Epileptics. Pending. 

Westfield Manufacturing Company. Claim for corporation tax 
for 1901. Company in bankruptcy. Claim proved. Paid. 

Wildey Casualty Company, Attorney-General ex rel. Insurance 
Commissioner v. Petition to the Supreme Judicial Court for 
Suffolk County for an injunction and the appointment of a 
receiver. Injunction granted, and Archie N. Frost, Esq , of 
Lawrence, appointed receiver. Pending. 

Williams, Henry Bigelow et al. v. Attorney-General. Petition to 
the Supreme Court of the United States for a writ of error 
to the Supreme Judicial Court of Massachusetts. Rescript. 
Petition denied. 

Wollaston Land Association. Claim for tide water displacement. 
Pending. 

Worcester v. Board of Appeal in Tax Matters. Petition for a 
writ of certiorari to review the finding of the Board distribut- 
ing the corporation tax of the Crompton & Knowles Loom 
Works. Pending before the full court. Rescript petition 
denied. 

Worcester & Southbridge Street Railway Company v. Herbert E. 
Shaw and the Railroad Commissioners. Bill in equity to 
review the doings of Railroad Commissioners. Dismissed. 

Yavapai Copper Company. Failure of foreign corporation to file 
with the Commissioner of Corporations papers required by 
R. L., c. 126, § 4. Filed. 



168 



ATTOENEY-GENERAL'S REPORT. [Jan, 



COLLECTIONS. 



Collections have been made by this department as follows : — 

Corporation taxes for the year 1902, overdue and referred 
by the Treasurer of the Commonwealth to the Attorney- 
General for collection, $82,492 34 

Interest, 966 02 

Costs, 616 21 

Miscellaneous, 13,002 17 

Total, 897,076 74 

The following table shows a detailed statement of the same : — 





Collected on 








Account of 








Corporation Tax 


Interest. 


Totals. 




for 1902. 






A. B. & E. L Shaw Company, . 


$757 22 


$5 54 


1762 76 


A. Bnrlingame Company, . 


155 32 


1 55 


156 87 


A. O. Speare Company, 


160 99 


81 


161 80 


Allen-Higgins Company, . 


2,316 97 


30 88 


2,347 85 


American Citizen Company, 


88 99 


88 


89 87 


American Cultivator Publishing 








Company, .... 


186 07 


2 04 


188 11 


American Insurance Company, . 


4,773 10 


- 


4,773 10 


Austin & AVinslow-Gallagher 








Express Company, . 


80 90 


1 19 


82 09 


Ayer Electric Light Company, . 


58 24 


58 


58 82 


B. H. Woodsum Company, 


19 41 


09 


19 50 


Beacon Publishing Company, 


121 35 


2 14 


123 49 


Belden Paint and Mineral Com- 








pany, 


74 42 


70 


75 12 


Bolles & Wilde Company, . 


509 67 


9 01 


518 68 


Boston Advertising Company, . 


19 41 


28 


19 69 


Boston Book Company, 


1,213 50 


17 80 


1,231 30 


Boston Cycle and Sundry Com- 








pany, 


291 24 


3 15 


294 39 


Boston Leather Binding Com- 








pany 


105 17 


79 


105 96 


Boston Motor Carriage, 


24 27 


26 


24 53 


Boston Stitching and Plaiting 








Companv, .... 


48 54 


86 


49 40 


Brackett's Market Corporation, . 


80 90 


2 37 


83 27 



1904.] 



PUBLIC DOCUMENT — No. 12. 



169 





Collected on 








Account of 








Corporation Tax 


Interest. 


Totals. 




for 1902. 






Bristol County Street Railway 








Company, .... 


$2,143 85 


$ 20 36 


$2,164 21 


Chamberlain Metal Weather- 








strip Company of Boston, 


72 81 


55 


73 36 


Chandler Grain and Milling 








Company, .... 


809 00 


14 82 


823 82 


Child Acme Cutter and Press 








Company, .... 


145 62 


73 


146 35 


Colcord Richardson Company, . 


32 36 


15 


32 51 


Columbia Engraving Company, 


97 08 


1 78 


98 86 


Concord & Bostoji Street Rail- 








way Company, 


809 00 


7 69 


816 69 


Craig & Craig Company, . 


60 67 


30 


60 97 


D. L. Billings Company, 


161 80 


81 


162 61 


Daily News Company, 


161 80 


2 85 


164 65 


Dalton Ingersoll Company, 


1,812 16 


9 06 


1,821 22 


Dane & Washburn Company, 


106 78 


1 07 


107 85 


Davis & Buxton Stamping Com- 








pany, 


55 01 


80 


55 81 


Donahoe's Magazine Company, 


169 89 


1 70 


171 59 


E. H. Saxton Company, 


161 80 


1 69 


163 49 


E. P. Sanderson Company, 


930 35 


10 23 


940 58 


Eastern Printing and Engraving 








Company, .... 


56 63 


99 


57 62 


Easthampton Rubber Thread 








Company, .... 


7,329 54 


35 43 


7,364 97 


Farrington Printing Company, . 


64 72 


68 


65 40 


Federation Shoe Company, ' . 


550 12 


_ 


550 12 


Fitch burg Steel Ball Company, . 


56 63 


51 


57 14 


Follett Wool Company, 


1,618 00 


14 5Q 


1,632 56 


Frank E. Fitts Manufacturing 








and Supply Company, 


194 16 


1 27 


195 43 


Frank H Hall Company, . 


45 30 


76 


46 06 


Frederick Kendall Company, 


16 18 


15 


16 33 


Garratt-Ford Company, 


182 83 


8 77 


191 60 


Graham Shoe Company, 


420 68 


3 57 


424 25 


Greenfield Recorder Company, . 


33 16 


- 


33 16 


Gregory & Brown Company, 


323 60 


5 70 


329 30 


Grueby-Faience Company, . 


242 70 


2 43 


245 13 


H. B. Stevens Company, 


63 10 


1 26 


64 36 


H. F. Ross Company, . 


210 34 


1 37 


211 71 


H. L. Aldrich Company, 


40 45 


40 


40 85 


H. M. Kinports Company, . 


51 77 


1.71 


53 48 


Harrison Brothers Company, 


533 94 


2 67 


536 61 


Henry N. Clark Company, 


728 10 


6 92 


735 02 


Higgins & Gifford Boat Manu- 








facturing Company, 


52 09 


1 93 


54 02 


Holly Whip Company, 


12 00 


18 


12 18 


Holyoke Steam and Gas Pipe 








Company, .... 


40 45 


2 06 


42 51 


Holyoke Thread Company, 


59 05 


1 20 


60 25 


Idea Press, 


48 54 


84 


49 38 



170 



ATTORNEY-GENERAL'S REPORT. 



[Jan, 





Collected on 
Account of 








Corporation Tax 


Interest. 


Totals. 




for 1902. 






International Jupiter Steel Com- 








pany, 


$242 70 


$1 69 


$244 39 


Investment Corporation, 


461 13 


5 15 


466 28 


J. A. Glass Company, . 


182 02 


7 94 


189 96 


J. P. & W. H. Emond, Incorpo- 








ration, 


242 70 


9 29 


251 99 


J. P. Jordan Paper Company, . 


707 87 


3 54 


711 41 


J. W. Calnaw Company, 


56 63 


57 


57 20 


Journal Newspaper Company, . 


809 00 


6 74 


815 74 


Kennedy & Sullivan Manufac- 








turing Company, 


596 71 


5 47 


602 18 


Kimball Brothers Company, 


1,618 00 


55*54 


1,673 54 


Lang & Jacobs Company, . 


101 12 


90 


102 02 


Lowell & Boston Street Railway 








Company, .... 


1,379 34 


13 10 


1,392 44 


Lynn Ice Company, . 


794 43 


21 71 


816 14 


Lynn Union Co-operative Laun- 








dry Association, 


9 48 


14 


9 62 


M. Marks Company, . 


16 18 


- 


16 18 


Mansfield Co-operative Furnace 








Company, .... 


8 89 


- 


8 89 


Marlborough Street Railway- 








Company, .... 


98 77 


- 


98 77 


Marlier & Co., Limited, 


485 40 


11 63 


497 03 


Massachusetts Brick Company, 


137 53 


1 37 


138 90 


Massachusetts Investment Com- 








pany, 


80 00 


- 


80 00 


Meadow Brook Farm Company, 


40 45 


30 


40 75 


Medfield & Medway Street 








Railway Company, . 
Mellish & Byfield Company, In- 


364 05 


43 31 


407 36 








corporated, .... 


525 85 


9 29 


535 14 


Metropolitan Bolt Company, 


80 90 


51 


81 41 


Middleborough, Wareham & 








Buzzard's Bay Street Railway 








Company, .... 


1,933 51 


94 74 


2,028 25 


Miller Brothers & Co., Corpora- 








tion, 


647 20 


11 42 


658 62 


Mills & Knight Company, . 


485 40 


4 36 


489 76 


Miscoe Spring Water Company, 


80 90 


40 


81 30 


Morrill Leather Company, . 


1,860 70 


13 64 


1,874 34 


Murray Cone Shoe Company, . 


566 30 


6 22 


572 52 


New England Dredging Com- 








pany, 


1,262 04 


15 77 


1,277 81 


New England Publishing Com- 








pany, 


404 50 


3 90 


408 40 


New England Shirt Company, . 


54 20 


- 


54 20 


Norcross Brothers Company, 


19,479 32 


188 30 


19,667 62 


Norris Livery Company, 


80 90 


1 05 


81 95 


Oliver & Howland Company, 


344 63 


6 08 


350 71 


Olympic Amusement Company, . 


48 54 


41 


48 95 


Parsons Paper Company, . 


" 


38 32 


38 32 



1904.] 



PUBLIC DOCUMENT— No. 12 



171 





Collected on 








Account of 








Corporation Tax 


Interest. 


Totals. 




for 1902. 






Peoples Combination Clothing 








Company, .... 


$242 70 


$2 91 


$245 61 


Peoples Ice Company of Worces- 








ter, 


49 00 


57 


49 57 


Pepperell Card and Paper Com- 








pany, 


607 07 


2 53 


609 60 


Perkins Wood Working Com- 








pany, 


52 58 


52 


53 10 


Perry Laundry Company, . 


44 49 


74 


45 23 


Persons Manufacturing Com- 








pany, 


77 66 


1 06 


78 72 


Plymouth Stove Foundry Com- 








pany 


103 55 


1 14 


104 69 


Press Clipping Bureau, 


80 90 


37 


81 27 


Putnam Company, 


242 70 


8 48 


251 18 


Quinsigamond Lake Steamboat 








Company, .... 


45 30 


45 


45 75 


Randall Faichney Company, 


153 71 


5 12 


158 83 


Randolph Clothing Company, . 


40 45 


20 


40 65 


Rawson & Morrison Manufactur- 








ing Company, .... 


1,695 66 


7 91 


1,703 57 


Re-New Lamp Company, . 


355 96 


3 00 


358 96 


Richard Briggs Company, . 


2,135 76 


12 89 


2,148 65 


Rocky Neck Marine Railway 








Company, .... 


176 36 


1 76 


178 12 


Roeder & Keene Company, 


233 63 


- 


233 63 


S. Armstrong Company, 


161 80 


1 62 


163 42 


Scandinavian Co-operative 








Grocery Union, 


139 14 


1 46 


140 60 


Shady Hill Nursery Company, . 


647 20 


13 15 


660 35 


Silas Pierce & Co., Limited, 


2,123 62 


20 17 


2,143 79 


Spatula Publishing Company, . 


119 73 


1 42 


121 15 


Springfield Drop Forging Com- 








pany, 


194 16 


97 


195 13 


Spy Company, .... 


161 80 


3 90 


165 70 


Standard Extract Company, 


85 75 


47 


86 22 


T. Casey Company, . 


32 36 


29 


32 65 


T. F. Little Oil Company, . 


49 34 


1 30 


50 64 


Taunton Evening News, 


355 96 


4 28 


360 24 


Uphams Corner Stable Company, 


97 08 


53 


97 61 


W. D. Parlin Hardware Com- 








pany, 


711 92 


3 56 


715 48 


W. E. Tillotson Manufacturing 








Company, .... 


626 97 


3 87 


630 84 


W. H. Knox Company, 


80 90 


1 32 


82 22 


Waltham Watch Tool Company 








of Springfield, Mass., 


32 36 


16 


32 52 


Warren Lumber and Fuel Com- 








pany, 


88 99 


1 75 


90 74 


Wason Manufacturing Company, 


1,519 30 


13 67 


1,532 97 


William Bourne & Son Piano 








Company, .... 


161 80 


2 48 


164 28 



172 



ATTORNEY-GENERAL'S REPORT. [Jan. 





Collected on 

Account of 

Corporation Tax 

for 1902. 


Interest. 


Totals. 


Wilson Jewelry Company, 
Worcester Automobile Com- 
pany 

Worcester Post Company, . 
Worcester Umbrella Company, . 


$388 32 

16 18 

24 27 

258 88 


$3 50 
2 83 


$391 82 

16 18 

24 27 

261 71 


Totals, 


$82,492 34 


$966 02 


$83,458 36 



Miscellaneous Collections. 

Athol, Town of, claim for the board of Etta M. Smith at 

Worcester Insane Hospital, $846 52 

Bishop, Franklin H., estate of, legacy to the Commonwealth 
of Massachusetts, 

Boston, City of, displacement of tide water, .... 

Easthampton Gas Light Company, penalty for violation of 
R. L., c. 58, § 14, 

Everett Foundry Company, for sale of old iron by the Metro - 
politan Water Board, 

Gardner Gas, Fuel and Light Company, penalty for failure to 
file annual report on time, 

Greendale Chemical and Electric Light Company, Gas and 
Electric Light Commissioners' tax, 

Kilty, Lawrence, costs in suit against the Railroad Commis- 
sioners, 

National Contracting Company, costs recovered in suit against 
the Commonwealth, 

New England Dredging Company, rental for use of Common- 
wealth's flats in South Bay, 

Old Colony Railroad Company, displacement of tide water, . 

Quincy, City of, for the board of John Cullen, Maritta Randall 
and George H. Houghton, 

San Juan Gold and Silver Mining Company, foreign corpo- 

raton tax, 1903, 

Stewart Gold Mining Company, foreign corporation tax, 
1902 

Treadway, Thomas H., services of a nurse furnished by West- 
borough Training School for Nurses, 

Vining, Floretta, for goods furnished by Massachusetts State 
Prison, 

Westfield Manufacturing Company, corporation tax, 1901, . 

Weymouth Light and Power Company, penalty for failure to 
file annual report on time, 

Total, $13,002 17 



9,338 46 
1,000 00 


100 00 


100 00 


5 00 


22 65 


50 56 


39 15 


50 00 
542 00 


179 68 


250 00 


250 00 


10 00 


127 00 

86 15 


5 00 



1904.] 



PUBLIC DOCUMENT — No. 12. 



173 





The following applications for requisitions for fugitives from justice have been referred by His Excellency the Gov 
ernor to this department during the year ending Dec. 31, 1903, for examination and report thereon : - 


o 
a 

05 


Lawful and in proper form 
Lawful and in proper form 
Lawful and in proper form 
Lawful and in proper form 
Lawful and in proper form 
Lawful and in proper form 
Lawful and in proper form. 
Lawful and in proper form. 
Lawful and in proper form. 
Lawful and in proper form. 




a 
o 

Jo| 

^ o 

H 





HH 


Barnstable, 
Essex, . 
Worcester, 
Worcester, 
Suffolk, . 
Bristol, . 
Suffolk, . 
Middlesex, . 
Worcester, . 
Suffolk, . 


Eh 

HH 

1 

13 

Ph 

19 

HH 


•a 

0) 

be 

cS 
o 

OB 

a 

■c 

o 


Obtaining money by false pretences, . 
Assault and battery, .... 

Larceny 

Larceny 

Larceny, 

Murder, 

Embezzlement and larceny, . 

Larceny, 

Abduction, 

Larceny, 


'So 

s 
fa 

"S 

a 
to 




ft 




o 

EH 

Q 

13 
M 






David W. Pierce, . 
George Sweete, alias, 
Geneve Godber, 
Marie Laplomte, 
Domenico Franzosa, 
John E. Gallagher, . 
Peter Stroceks, . 
A. Ernest Whelpley, 
Lorenzo Peggoti, 
Daniel A. Hall, 


State or Country 

upon whose Executive 

Requisition was 

made. 














Maryland, . 
New Jersey, 
New York, 
New York, 
Pennsylvania, 
Washington, 
New York, 
California, 
New York, 
New York, 




Date 

of 
Refer- 
ence. 


n rH <N C* CO CO <M T «■< 

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174 



ATTORNEY-GENERAL'S REPORT. 



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1904.] 



PUBLIC DOCUMENT — No. 12. 



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ATTORNEY-GENERAL'S REPORT. 



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Lawful and in proper form. 
Lawful and in proper form. 
Lawful and in proper form. 
Not in proper form. 
Lawful and in proper form. 
Lawful and in proper form. 
Lawful and in proper form. 
Lawful and in proper form. 
Lawful and in proper form. 
Lawful and in proper form. 
Lawful and in proper form. 
Lawful and in proper form. 
Lawful and in proper form. 
Lawful and in proper form. 


~6 

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Murder, 

Felony and embezzlement, .... 

Killing moose, etc 

Obtaining money by false pretences, 

Grand larceny 

Stealing, 

Larceny, 

Assault and battery, 

Obtaining money by false pretences, 

Forgery 

Escape from penitentiary 

Forgery 

Embezzlement, 

Embezzlement 


s 

ID 

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Geo. D. Grief and Bertha L. Grief, 
Justin T. Hinds, .... 

Lawrence Mott 

Thomas H. Cummings, 

Anton Kaliski and Mary Lebuesky, 

Telsford J. Beauding, 

Noble Lyons, 

Alfred Liberty, alias, . . 

H. A. Barnes, 

Edwin McKee Bennett, . 

Tom Stancey, ..... 

E.Foster 

Samuel Malagian, .... 
William H. Cole 


ij 

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CO 






Maryland, . 
Arizona, 
Maine, 

Pennsylvania, . 
New Jersey, 
New Hampshire, 

Ohio 

Rhode Island, . 

Kansas, 

North Carolina, 

Louisiana, . 

Minnesota, 

Wisconsin, 

Maine, 


Date 

of 
Refer- 
ence. 


• to co oT o" ,-T i-T oT oo" oo" ift" «o <o" ■*' co 

(i}"-' i-l eN <M CN <M CN <H <N CN 



1904.] ' PUBLIC DOCUMENT — No. 12. 



RULES OF PRACTICE 

In Interstate Rendition. 



Every application to the Governor for a requisition upon the ex- 
ecutive authority of any other State or Territory, for the delivery 
up and return of any offender who has fled from the justice of this 
Commonwealth, must be made by the district or prosecuting attor- 
ney for the county or district in which the offence was committed, 
and must be in duplicate original papers, or certified copies thereof. 

The following must appear by the certificate of the district or 
prosecuting attorney. : — 

(a) The full name of the person for whom extradition is asked, 
together with the name of the agent proposed, to be properly 
spelled. 

(6) That, in his opinion, the ends of public justice require that 
the alleged criminal be brought to this Commonwealth for trial, at 
the public expense. 

(c) That he believes he has sufficient evidence to secure the 
conviction of the fugitive. 

(d) That the person named as agent is a proper person, and 
that he has no private interest in the arrest of the fugitive. 

(e) If there has been any former application for a requisition 
for the same person, growing out of the same transaction, it must 
be so stated, with an explanation of the reasons for a second 
request, together with the date of such application, as near as 
may be. 

(/) If the fugitive is known to be under either civil or criminal 
arrest in the State or Territory to which he is alleged to have fled, 
the fact of such arrest and the nature of the proceedings on which 
it is based must be stated. 

(g) That the application is not made for the purpose of enforc- 
ing the collection of a debt, or for any private purpose whatever ; 
and that, if the requisition applied for be granted, the criminal 
proceedings shall not be used for any of said objects. 

(h) The nature of the crime charged, with a reference, when 
practicable, to the particular statute defining and punishing the 
same. 



178 ATTORNEY-GENERAL'S REPORT. [Jan. 

(7) If the offence charged is not of recent occurrence, a satis- 
factory reason must be given for the delay in making the applica- 
tion. 

1. In all cases of fraud, false pretences, embezzlement or for- 
gery, when made a crime by the common law, or any penal code 
or statute, the affidavit of the principal complaining witness or 
informant, that the application is made in good faith, for the sole 
purpose of punishing the accused, and that he does not desire or 
expect to use the prosecution for the purpose of collecting a debt, 
or for any private purpose, and will not directly or indirectly use 
the same for any of said purposes, shall be required, or a sufficient 
reason given for the absence of such affidavit. 

2. Proof by affidavit of facts and circumstances satisfying the 
Executive that the alleged criminal has fled from the justice of the 
State, and is in the State on whose Executive the demand is 
requested to be made, must be given. The fact that the alleged 
criminal was in the State where the alleged crime was committed 
at the time of the commission thereof, and is found in the State 
upon which the requisition was made, shall be sufficient evidence, 
in the absence of other proof, that he is a fugitive from justice. 

3. If an indictment has been found, certified copies, in dupli- 
cate, must accompany the application. 

4. If an indictment has not been found by a grand jury, the 
facts and circumstances showing the commission of the crime 
charged, and that the accused perpetrated the same, must be 
shown by affidavits taken before a magistrate. (A notary public 
is not a magistrate within the meaning of the statutes.) It must 
also be shown that a complaint has been made, copies of which 
must accompany the requisition, such complaint to be accompa- 
nied by affidavits to the facts constituting the offence charged by 
persons having actual knowledge thereof, and that a warrant has 
been issued, and duplicate certified copies of the same, together 
with the returns thereto, if any, must be furnished upon an appli- 
cation. 

5. The official character of the officer taking the affidavits or 
depositions, and of the officer who issued the warrant, must be 
duly certified. 

6. Upon the renewal of an application, — for example, on the 
ground that the fugitive has fled to another State, not having been 
found in the State on which the first was granted, — new or certi- 
fied copies of papers, in conformity with the above rules, must be 
furnished. 

7. In the case of any person who has been convicted of any 
crime, and escapes after conviction, or while serving his sentence, 



1904.] PUBLIC DOCUMENT — No. 12. 179 

the application may be made by the jailer, sheriff, or other officer 
having him in custody, and shall be accompanied by certified 
copies of the indictment or information, record of conviction and 
sentence upon which the person is held, with the affidavit of such 
person having him in custody, showing such escape, with the cir- 
cumstances attending the same. 

8. No requisition will be made for the extradition of any fugi- 
tive except in compliance with these rules.